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Bombay High CourtWP/774/2023dismissed

Dilbagsingh S/O. Gurudeepsingh Sokhi v. The State Of Maharashtra, Thr. Commissioner Of Police, Nagpur

2023-02-02Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Shri Justice Yanshivraj Gopichand Khobragade2 pages

wp774.23.O.odt

IN THE HIGH COURT OF JUDICATURE AT B

O MBAY NAGP U R BENCH, N A GPUR WRIT PETITION NO.

(Dilbagsingh s/o Gurudeepsingh Sokhi Vs. State of Maharashtra thr. Commissioner of Police, Nagpur) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. F. T. Mirza, Advocate for Petitioner.

Mr. S. M. Ukey, Addl GP for Respondent/State. CORAM: ROHIT B. DEO AND Y. G. KHOBRAGADE , J J.

DATE: 2 nd FEBRUARY, .

Heard.

2.

The order impugned is passed by the Commissioner of Police whereby the application preferred by the petitioner for renewal of the performance licence is rejected.

3.

We note that even according to the petitioner there is an appellate remedy available. As a fact, the petitioner did avail the remedy of appeal and it is after the order of remand passed by the Appellate Authority that the Commissioner of Police has rendered the order impugned. 4.

Considering that there is a remedy of appeal available, and rather than the writ court, the Appellate Authority may be better placed to consider the grievances, some of which touch factual aspects, illustratively whether

wp774.23.O.odt the petitioner as a fact was holding performances without licence as is recorded in the order impugned, we relegate the petitioner to the remedy of appeal.

5.

If the appeal is preferred within the next two weeks, we expect the Appellate Authority to take a decision on appeal, after hearing the petitioner, as expeditiously as possible, and in any event, within thirty days from filing of the appeal.

6.

The petition is dismissed.

(Y. G. KHOBRAGADE, J.) (ROHIT B. DEO, J.) NSN SHIVNARAYAN NIKHARE