B. Kevalchand Jain Prop. Of Retro Bar And Restaurant v. The Commisssioner Of Police And ANR.

502-wpl2807-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.2807 OF 2019 B. Kevalchand Jain (M/s.Retro Bar & Restaurant)

...Petitioner

V/s.

The Commissioner of Police, Gr. Mumbai & Anr.

...Respondents

Mr.Vishal Thadhani for the Petitioner.

Mr.Himanshu Takke, A.G.P. for the State - Respondent Nos.1 and 2. CORAM : R.D. DHANUKA, J.

DATE : 4TH OCTOBER, 2019.

P.C. :- 1.

The papers are allowed to be produced at 3:00 p.m. 2.

By consent of parties the petition is heard finally at the admission stage. It is the case of the petitioner that the license of the petitioner is suspended by the impugned order dated 19th September, 2019 for a period of 30 days and the order is passed by the Officer who has not heard the matter. The petitioner has already preferred an appeal against the said order dated 19th September, 2019 before the Principal Secretary, Home Department, Mantralaya, Mumbai on 26th September, 2019. The said appeal is still pending. 3.

The Appellate Authority is directed to dispose of the said appeal preferred by the petitioner within eight weeks from the date of communication of this order. Till such order is passed in the said 1/2

502-wpl2807-19.doc appeal and for a period of two weeks from the date of communication of the said order if the same is adverse against the petitioner, the impugned order dated 19th September, 2019 to stand stayed. 4.

The writ petition is disposed of on aforesaid terms. There shall be no order as to costs.

5.

All the parties as well as the Appellate Authority to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2