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Bombay High CourtWP/10797/2019disposed off

M/S. Platinum Restaurent And Bar v. Thee Commissioner Of Police And ORS

2019-10-07Hon'Ble Shri Justice Ujjal Bhuyan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10797 OF 2019 M/s Platinum Restaurant & Bar ... Petitioner V/s.

The Commissioner of Police Greater Mumbai and ors.

... Respondents --- Mr.S.N.Gawade for the Petitioner.

Mr.P.V.Rajan, AGP for Respondent No.4-State. --- CORAM : UJJAL BHUYAN, J.

DATE : OCTOBER 07, 2019.

P.C.:- 1.

Heard Mr.S.N.Gawade, learned counsel for the petitioner and Mr.P.V.Rajan, AGP, Maharashtra for the respondent.

2.

Having regard to the limited issue involved in the writ petition, court is of the view that the matter can be disposed of at the present stage of the proceedings itself. 3.

Petitioner is carrying on the business of Restaurant and Bar by the name of "M/s Platinum Restaurant and Bar" located in the Colaba area of

Mumbai city. By order dated 19th September, 2019, Deputy Commissioner of Police, (Theatre Branch), Crowford Market, Fort, Mumbai suspended the orchestra license of the petitioner for a period of 15 days. Aggrieved by such suspension order, petitioner has preferred an appeal before the Principal Secretary to the Government of Maharashtra, Home Department (Appeals and Securities) on 23rd September, 2019.

4.

With the grievance that no decision has been taken on the appeal preferred by the petitioner, present writ petition has been filed.

5.

After hearing learned counsel for the parties and on due consideration, court is of the view that it would be in the interest of justice if the Appellate Authority is directed to consider the appeal of the petitioner within a specified period.

6.

In the light of the above, Principal Secretary to the Government of Maharashtra, Home Department (Appeals and Securities) is directed to take on board the appeal of the petitioner and decide the same on merit within a period of six weeks from the date of receipt of an

authenticated copy of this order. Till decision is taken on the appeal, impugned order dated 19th September, 2019 shall be kept in abeyance.

7.

Writ petition is disposed of.

(UJJAL BHUYAN, J.) ....