Usha Shivling Vatkar Of Mumbai v. The Deputy Commissioner Of Police And ANR.

k 1/2 pro wpl 1060.15 os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1060 OF 2015 Usha Shivling Vatkar ..... Petitioner V/s The Deputy Commissioner of Police (H.Q.-1), Greater Mumbai & Anr.

..... Respondents Mrs. Veena B. Thadhani for Petitioner.

Ms. Uma Palsuledesai, AGP for Respondents-State. CORAM : A.A. SAYED, J.

DATED : 10 APRIL 2015 P.C.

Not on Board. Mentioned. Taken on Board. Learned Counsel for the Petitioner states that the Petition shall be numbered within one week from today. The statement is accepted.

By the impugned order dated 5 March 2015, the Premises License held by the Petitioner for having Orchestra programmes in her Restaurant and Bar in the name and style M/s. Golden Wheel Bar & Restaurant, Kamraj Nagar, E.E. Road, Pantnagar, Ghatkopar (East), Mumbai-77 has been suspended for 30 days and a stay of 30 days has been granted to the implementation thereof to enable the Petitioner to file an Appeal. The grievance of the Petitioner is that despite the Appeal having been filed along with the stay Application, neither the Application for stay nor Appeal has been decided.

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k 2/2 pro wpl 1060.15 os.doc Heard learned Counsel for the Petitioner and the learned AGP for the Respondents. The limited prayer in the Petition is, to stay the impugned order dated 5 March 2015, suspending the Premises License of the Petitioner for 30 days, till such time as the Appeal filed by the Petitioner is finally heard and disposed of by the Respondent No.2. Learned Counsel for the Petitioner states that the Appeal, as well as the stay Application, which is pending in the Appeal, has not yet been decided. Hence, the following order is passed:

O R D E R

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 today;

ii) Pending the hearing and final disposal of the Appeal, the effect and operation of the impugned order dated 5 March 2015 shall remain stayed;

iii) In the event, any adverse order against the Petitioner is passed by the Appellate Authority, the said order shall not be given effect to for a period of two weeks from the date of communication of the same to the Petitioner;

iv) Writ Petition is disposed of in the above terms; v) Concerned parties to act on an authenticated copy of this order. (A.A. SAYED, J.) katkam 2/2