Suraj Sajanlal Gupta v. The State Of Maharashtra Thr. Home Secretary Mantralaya Mumbai And Others

WP660-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 660/2017 (SURAJ SAJANLAL GUPTA VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.S. Raut, counsel for the petitioner.

Ms T.Khan, A.P.P. for the respondents.

CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : AUGUST 23 , 2017.

By this criminal writ petition, the petitioner has sought a direction restraining the respondent no.3 from harassing the petitioner and from running the shop in the name and style of M/s Gupta Bhel Chat Centre on Maharajbagh Road, Nagpur.

Ms Khan, the learned Additional Public Prosecutor appearing on behalf of the respondents, states on instructions that though the petitioner has a license to operate the stall near variety square, Cinemax on Maharajbhag Road, the petitioner was operating the stall at Variety Square, at a place where it was not permissible to operate the stall. It is submitted that in view of the same, action is sought to be taken against the petitioner by the respondents under the provisions of Section 102 read with Section 117 of the Maharashtra Police Act.

In the aforesaid set of facts, we are not inclined to entertain and decide this writ petition. The petitioner has other remedies which he may avail, if so advised.

WP660-17 In the circumstances of the case, we dispose of the criminal writ petition. No costs.

JUDGE JUDGE APTE