Suman Dinkar Jadhav v. Additional Divisional Commissioner Pune Division And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1349 OF 2026 M/s. Anna Palace Restaurant & Bar.

..Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

Mr. R. D. Soni a/w Mr. Sujay Gawade, Ms. Mudita Pawar, Ms. Mihika Save i/by Shree & Co., for the Petitioner. Mr. P. G. Sawant, AGP for the Respondent-State.

CORAM:

N. J. JAMADAR, J.

DATE :

29th JANUARY 2026 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The challenge in this petition is to an order dated 24th January, 2026, passed by the Deputy Commissioner of Police, Mira-Bhayandar, thereby suspending the entertainment license of the petitioner to operate an Orchestra in the subject premises for a period of 30 days under the provisions of Rule 122(B), 219 and 233 of the Entertainment Rules, 1960.

SANTOSH SUBHASH KULKARNI Date: 2026.01.30 12:27:16 +0530 SANTOSH SUBHASH KULKARNI 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 on 27th January, 2026. However, in the intervening period, the execution and operation of the impugned order deserves to be stayed, lest, the Appeal would be rendered infructuous.

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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 from the date of appearance of the parties.

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 12th February, 2026.

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.

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[N. J. JAMADAR, J.] 3/3