M/S Shrrnidhi Enterprises (Mela ) Restraurant And Bar Throu. Uday N Shetty v. State Of Maharashtra Throu. Officer Of The Govt Pleader And ORS

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2013 OF 2026 M/S Shrrnidhi Enterprises (Mela) Restaurant And Bar Through Uday N Shetty

...Petitioner

Versus

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

...Respondents

SANTOSH SUBHASH KULKARNI Mr. R. D. Soni, a/w S. N. Gawade, i/b Shree & Co., for the Petitioner.

Mr. P. G. Sawant, AGP for the State - Respondent No.1. SANTOSH SUBHASH KULKARNI Date: 2026.02.14 10:50:00 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

11th FEBRUARY, 2026 Order:

- 1.

Heard the learned counsel for the parties.

2.

The challenge in this petition is to an order dated 7th February, 2026, passed by the Divisional Commissioner, Konkan Division, thereby, suspending the entertainment licence of the petitioner to operate an Orchestra in the subject premises under the provisions of Rules 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 1/3

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.

Mr. Sawant, the Learned AGP, on instructions, submits that Respondent No.2 will 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, lest the appeal is rendered infructuous.

6.

Hence, the following order:

: O RD E R :

(i) The petition stands partly allowed.

(ii) 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.

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(iii) The petitioner shall appear before the Appellate Authority on 25th February, 2026.

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

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