M/S Amar Palace Rest And Bar Alias Manasi Throu. Bhaskar M Patil v. State Of Maharashtra Throu. Govt Pleader And ORS

910-wp-13131-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13131 OF 2025 M/S Amar Palace Rest And Bar Alias Manasi Throu. Bhaskar M Patil ...

Petitioner V/s.

State Of Maharashtra Throu. Govt Pleader And Ors ...

Respondents ------------------- Mr. R.D. Soni a/w Sujay Gawade and Sumedha Dhopate with Mudita Pawar and Mihika Save, for the petitioner.

Mr. P.G. Sawant, AGP, for the State.

-------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.10.17 10:17:12 +0530

CORAM

:

N.J. JAMADAR, J.

VARSHA DEEPAK GAIKWAD DATE :

14TH OCTOBER 2025.

PC:

1.

Heard the learned counsel for the parties.

2.

The challenge in this petition is to an order dated 23rd September 2025, passed by the Deputy Commissioner of Police, MiraBhayander, thereby, cancelling the entertainment license of the petitioner to operate an Orchestra in the subject premises under the provisions of Rule 238 and 239 of the Entertainment Rules, 1960. 3.

Mr. Soni, the learned counsel for the petitioner submits that, the impugned order is in teeth of the binding precedents of this Court. The petitioner has availed the statutory remedy by filing an appeal before the Appellate Authority. However, in the intervening period, the execution and operation of the impugned order deserves to be stayed. varsha

910-wp-13131-2025.doc 4.

Learned AGP, on instructions, submits that the respondent no. 2 will make an endeavour to decide the appeal within a period of four weeks from today.

5.

As the petitioner has availed the statutory remedy, it may be expedient in the interest of justice that the said appeal is decided as expeditiously as possible, and having regard to the nature of the challenge, it may be appropriate to stay the execution and operation of the impugned order till the appeal is decided by the Appellate Authority.

6.

Hence, the following order:

ORDER

i) The petition stands partly allowed.

ii) The respondent no. 2 is requested to decide the appeal as expeditiously as possible and preferably within a period of four weeks from the appearance of the petitioner before the Appellate Authority. iii) The petitioner shall appear before the Appellate Authority on 27th October 2025.

iv)In the meanwhile, the execution and operation of the impugned order shall remain stayed till the decision of the appeal by the respondent no. 2.

(N.J. JAMADAR, J) varsha