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Bombay High CourtWP/13457/2025disposed off

M/S Karavali Hospitality Llp Restaurant And Bar v. The State Of Maharashtra Thro.Office Of Govt Pleader

2025-10-14Hon'Ble Shri Justice N. J. Jamadar2 pages

44-WP13457-2025.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13457 OF 2025 M/s. Karavali Hospitality LLP

...Petitioner

Versus

The Commissioner of Police and ors.

...Respondents

Ms. Anita Dubey, a/w Bhagyashree Upadhyay, for the Petitioner.

Ms. Savina Carasto, AGP for the State.

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2025.10.14 19:36:47 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

14th OCTOBER, 2025 Oral Order:- 1.

Heard the learned Counsel for the parties.

2.

The challenge in this petition is to the order dated 4th October, 2025 passed by the Deputy Commissioner of Police, Mira-Bhayandar under the Maharashtra Police Act, 1951 read with Rules 238 and 239 of the Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances for Public Amusement, Including Melas and Tamashas Rules, 1960, whereby the license granted to the petitioner to run Orchestra, has been suspended for the period of 21 days. 3.

The petitioner has preferred an appeal before the Divisional Commissioner, Konkan Division, against the impugned order.

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44-WP13457-2025.DOC 4.

The learned Counsel for the petitioner submitted that if the order of suspension of license is permitted to run the full course, the appeal would be rendered infructuous. 5.

As the petitioner has already preferred a statutory appeal against the order of suspension of the license, it would be expedient that the appeal is decided by the Divisional Commissioner as expeditiously as possible.

6.

Let the petitioner appear before the Divisional Commissioner on 16th October, 2025 and, if it is not possible to decide the appeal, the Divisional Commissioner shall pass an appropriate order with regard to the interim relief in the said appeal.

7.

The petition stands disposed.

8.

It is clarified that this Court has not entered into the merits of the matter and the Divisional Commissioner shall decide the appeal/application on its own merits in accordance with law.

[N. J. JAMADAR, J.] 2/2