Dr Babasaheb Ambedkar Sevabhavi Sanstha Through Its President v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2568 OF 2026 Pyasa Bar And Restaurant Through Its Proprietor Chamanlal Dindayal Agarwal ..Petitioner

Versus

State of Maharashtra Through Office of the Government Pleader, High Court and Ors

...Respondents

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

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

CORAM:

N. J. JAMADAR, J.

DATE :

23rd FEBRUARY 2026 ORAL ORDER:

1.

Heard the learned counsel for the parties.

2.

The challenge in this petition is to an order dated 18th February, 2026, passed by the Deputy Commissioner of Police, Mira-Bhayander, ARUN RAMCHANDRA SANKPAL thereby, suspending the entertainment licence of the petitioner to by ARUN RAMCHANDRA SANKPAL Date: 2026.02.24 14:42:26 +0530 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. On 20th February 2026, itself the petitioner has availed the statutory remedy by filing an appeal before the Appellate Authority. Thus, in the 1/3

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.

5.

As the petitioner has already 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.

(iii) The petitioner shall appear before the Appellate Authority on 9th March 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 respondent No.2.

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