M/S. Shreenidhi Enterprises (Mela) Restaurant And Bar Thr Its Prop. Uday N Shetty v. State Of Maharashtra And ORS

2025:BHC-AS:53949 902 wp 16548 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16548 OF 2025 M/s. Shreenidhi Enterprises (Mela) Restaurant and Bar ...

Petitioner versus State of Maharashtra and Ors.

...

Respondents Mr. R.D.Soni with Mr. Sujay Gawade, Ms. Mudita Pawar, Ms. Mihika save i/by Shree and Co., for Petitioner.

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

CORAM: N.J.JAMADAR, J.

DATE :

9 DECEMBER 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this petition is to an order dated 2 December 2025 passed by the Deputy Commissioner of Police, Mira - Bhayander, thereby suspending the entertainment licence 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, 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.

4.

Learned AGP, on instructions, submits that the Respondent No.2 will SSP 1/2

902 wp 16548 of 2025.doc make an effort 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 Writ 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 23 December 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. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 10/12/2025 11:23:11