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Bombay High CourtWP/2694/2024disposed off

Dinesh J Thakur Partner Of M/S Indiana Restraurant And Bar v. The Deputy Commissioner Of Police And ORS

2024-06-26Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

6 wp 2694-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LAXMI SUBHASH SONTAKKE WRIT PETITION NO. 2694 OF 2024 LAXMI SUBHASH SONTAKKE Date: 2024.06.26 20:33:38 +0530 Dinesh J. Thakur .. Petitioner

Versus

The Deputy Commissioner of Police & Ors.

.. Respondents Adv. Veena Thadhani a/w Rutuja Gaikwad & Bharti Nyaynirgune for the Petitioner.

Mr. A. I. Patel, Addl.GP. a/w Y. D. Patil, AGP for the State.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

JUNE 26, 2024 P. C.

1.

By the present Writ Petition, the Petitioner challenges the impugned order dated 2nd February, 2024 passed by the 1st Respondent. By the impugned order, the premises license of the Petitioner was cancelled. 2.

The learned Counsel appearing for the Petitioner, fairly submitted that the Petitioner has already challenged the order dated 2nd February, 2024 by filing a Statutory Appeal [along with an application] for stay before the Principal Secretary [who has been delegated powers of the State Government] on 13th February, 2024. However, by a Notification dated JUNE 26, 2024 Laxmi

6 wp 2694-24.doc 14th February, 2024. the State Government has withdrawn the powers of the Principal Secretary and delegated the same to the Divisional Commissioner, Konkan Division [Respondent No.3 herein]. The limited relief sought in the above Petition, despite the prayers, is that the Divisional Commissioner decide the Appeal filed by the Petitioner as expeditiously as possible. 3.

Considering that this is the limited relief sought in the above Petition, we dispose of the same by directing the Divisional Commissioner, Konkan Division to hear the Appeal filed by the Petitioner as expeditiously as possible and in any event, on or before 30th August, 2024. 4.

We must clarify that we have not opined on the merits of the matter which shall be decided by Respondent No.3. 5.

The Writ Petition is accordingly disposed of. No order as to costs. 6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JUNE 26, 2024 Laxmi