Umavati Chandrashekar Shetty v. State Of Maharashtra And 4 ORS

k 1/2 wpl 481.15 os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.481 OF 2015 Smt. Umavati Chandrashekhar Shetty ..... Petitioner V/s State of Maharashtra & Ors.

..... Respondents Mr. N.K. Desai for the Petitioners.

Mr. R.R. Bhosale, AGP for the Respondents/State. CORAM : A.A. SAYED, J.

DATED : 25 FEBRUARY 2015 P.C.

Heard Mr. Desai, learned Counsel for the Petitioner and Mr. Bhosale, learned AGP for the Respondents.

By a common order dated 21 January 2014, Respondent No.3 suspended the Entertainment Licence and premises/performance License (Archestra) of the Petitioners' establishment known as M/s. Hotel Sandhya Restaurant & Bar, situated at Govt. Industrial Estate, Charkpo, Kandivali (West), Mumbai for thirty days. By the said order, the Petitioner was given 30 days' time to approach the Appellate Authority under Section 33 of the Bombay Police Act, 1951 read with Rule 28-A of Entertainment Place Rules, 1953. The Petitioner has preferred an Appeal against the said order dated 21 January 2015 and also filed an Application for stay. 1/2

k 2/2 wpl 481.15 os.doc The grievance of the Petitioner is that despite the Appeal having been filed along-with the Stay Application on 3 February 2015, neither the Application for Stay nor Appeal has been decided and that if the stay is not continued, his Appeal would become infructuous. The Petition is disposed of by passing the following order, which would, in my view, meet the ends of justice:- i) The Appellate Authority shall hear and dispose of the Appeal as expeditiously as possible and in any event, within a period of eight weeks from the receipt of copy of this order; ii) Pending the hearing and final disposal of the Appeal, the effect and operation of the impugned order dated 21 January 2015, passed by Respondent No.3 in respect of the Petitioner's establishment M/s.

Hotel Sandhya Restaurant & Bar shall stand stayed; iii) In the event any adverse order is passed by the Appellate Authority, the said order shall not be given effect to for a period of three weeks from the date of communication of the same to the Petitioner. Concerned parties to act on the copy of this order, duly authenticated by the Associate of this Court.

(A.A. SAYED, J.) kambli 2/2