M/S. Hotel Baywatch Through Smt. Anita Ashok Shetty v. State Of Maharashtra Through G.P. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11518 OF 2019 M/s Hotel Baywatch ... Petitioner V/s.

State of Maharashtra and ors.... Respondents --- Mr.R.D.Soni with Mr.Sujay Gawade for the Petitioner. Mr.S.L.Babar, AGP for the Respondents-State. --- CORAM : UJJAL BHUYAN, J.

DATE : NOVEMBER 08, 2019.

P.C.:- 1.

Heard Mr.R.D.Soni, learned counsel for the petitioner and Mr.S.L.Babar, learned AGP for all the respondents.

2.

Having regard to the limited issue involved in the writ petition, court is of the view that issuance of formal notice is not necessary, as the matter can be disposed of at this stage itself.

3.

Petitioner is carrying on the business of Restaurant

and Bar by the name of M/s Hotel Baywatch situated at Ismail Mansion, Dr. B.A.Road, Dadar in the city of Mumbai. By order dated 10th October, 2019 passed by the Deputy Commissioner of Police (Head Office-1), office of the Police Commissioner, Greater Mumbai, Orchestra license of the petitioner has been suspended for a period of 30 days. Aggrieved by such suspension order, petitioner has preferred an appeal before the Principal Secretary to the Government of Maharashtra, Home department on 24th October, 2019. However, the said appeal has not been taken up for consideration.

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 10th October, 2019 shall be kept in abeyance.

7.

Writ petition disposed of.

(UJJAL BHUYAN, J.) ....