Nafees Ahmed Khan And Shafiq Ahmed Khan v. State Of Maharashtra And ORS

1/2 WPL-1262-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1262 OF 2015 ...

Shri Nafees Ahmed Khan & Anr.

.. Petitioners Vs.

State of Maharashtra & Ors.

.. Respondents ...

Mr. N.K. Desai for the Petitioners.

Mr. Bharat Mehta, A.G.P. for the Respondents/State. ...

CORAM : A.A. SAYED, J.

DATED : 29 APRIL 2015 P.C.

Heard Mr. Desai, learned Counsel for the Petitioners and Mr. Mehta learned A.G.P. for the Respondents. 2.

By an order dated 19 March 2015, Respondent No.3 suspended the Entertainment Licence of the Petitioners' establishment known as M/s.Milan International situated at 1st Road, Near Milan Subway, Santacruz, Mumbai, for Fifteen days. By the said order, the Petitioners were 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 Petitioners have preferred an Appeal against the said order dated 19 March 2015 and also filed an Application for stay. 1/2

2/2 WPL-1262-15.doc 3.

The grievance of the Petitioners is that despite the Appeal having been filed alongwith the Stay Application on 13 April 2015, neither the Application for Stay nor Appeal has been decided and that if the stay is not continued, his Appeal would become infructuous. 4.

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 19 March 2015, passed by Respondent No.3 in respect of the Petitioners' establishment M/s. Milan International 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 Petitioners.

5.

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