Supriya Yeshwant Awate v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 520 OF 2026 City Light (Blue Night) Restaurant and Bar through its proprietor Bhanudas Vasudev Chavan ..Petitioner

Versus

State of Maharashtra Through Office of The Government Pleader, High Court, Appellate Side and Ors

...Respondents

Mr. R.D. Soni, with Sujay Gawade, Mudita Pawar and Mihika Save, i/b Shree & Co, for the Petitioner.

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

CORAM:

N. J. JAMADAR, J.

DATE :

12th JANUARY 2026 P.C.:

1.

Heard the learned counsel for the parties.

2.

The challenge in this petition is to an order dated 7th January 2026, passed by the Deputy Commissioner of Police, Mira-Bhayander, Vasai-Virar, thereby suspending the entertainment licence of the ARUN RAMCHANDRA SANKPAL petitioner to operate an Orchestra in the subject premises for a period of by ARUN RAMCHANDRA SANKPAL Date: 2026.01.12 19:13:04 +0530 30 days 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 1/3

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, lest the Appeal would be rendered infructuous. 4.

Learned AGP, on instructions, submits that, the respondent no. 2 will make an effort to decide the appeal within a period of four weeks. 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 Appellate Authority/ respondent no. 2 is requested to hear and 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 19th January 2026.

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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.] 3/3