1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.527 OF 2008 NO.527 OF 2008 NO.527 OF 2008 M/s M/s M/s Vie Vie Vie Lounge and Deck .. Petitioner Lounge and Deck .. Petitioner Lounge and Deck .. Petitioner vs vs vs State State State of Maharashtra & ors.. of Maharashtra & ors.. of Maharashtra & ors.. Respondents Respondents Respondents Ms.Bobby Ms.Bobby Ms.Bobby Malhotra Paul for Petitioner Malhotra Paul for Petitioner Malhotra Paul for Petitioner Mr.N.P.Deshpande Mr.N.P.Deshpande Mr.N.P.Deshpande AGP AGP AGP for Respondents for Respondents for Respondents CORAM CORAM CORAM : : : S.C.Dharmadhikari, J S.C.Dharmadhikari, J S.C.Dharmadhikari, J DATED DATED DATED : : : 7th February, 2008 7th February, 2008 7th February, 2008 P.C. P.C. P.C. 1.1.1. This Writ Petition is directed against the This Writ Petition is directed against the This Writ Petition is directed against the order order order cancelling the eating house licence of the cancelling the eating house licence of the cancelling the eating house licence of the petitioner’s petitioner’s petitioner’s establishment. establishment. establishment. 2.2.2. The grievance of the petitioner is that an The grievance of the petitioner is that an The grievance of the petitioner is that an appeal appeal appeal is filed challenging the said order but, is filed challenging the said order but, is filed challenging the said order but, neither neither neither the appeal is being heard nor orders are the appeal is being heard nor orders are the appeal is being heard nor orders are passed passed passed on the stay application. on the stay application. on the stay application. 3.3.3. The learned A.G.P. took time to take The learned A.G.P. took time to take The learned A.G.P. took time to take instructions instructions instructions and has now received instructions in and has now received instructions in and has now received instructions in writing writing writing from the Desk Officer, Department of Home from the Desk Officer, Department of Home from the Desk Officer, Department of Home (V), (V), (V), Government of Maharashtra, Mumbai and the Government of Maharashtra, Mumbai and the Government of Maharashtra, Mumbai and the petitioner’s petitioner’s petitioner’s appeal has been placed for hearing on appeal has been placed for hearing on appeal has been placed for hearing on 14th 14th 14th February, 2008 and the said appeal would be February, 2008 and the said appeal would be February, 2008 and the said appeal would be disposed disposed disposed of as expeditiously as possible. of as expeditiously as possible. of as expeditiously as possible. 4.4.4. Accordingly, it is directed that the appellate Accordingly, it is directed that the appellate Accordingly, it is directed that the appellate authority authority authority shall after hearing the petitioner pass shall after hearing the petitioner pass shall after hearing the petitioner pass orders orders orders on on on the pending appeal and communicate to the the pending appeal and communicate to the the pending appeal and communicate to the 2 petitioner petitioner petitioner within a period of four weeks from the within a period of four weeks from the within a period of four weeks from the date date date it receives the copy of the order. it receives the copy of the order. it receives the copy of the order. The The The Writ Petition is disposed of accordingly. Writ Petition is disposed of accordingly. Writ Petition is disposed of accordingly. All All All contentions on merits are kept open. contentions on merits are kept open. contentions on merits are kept open. (S.C.Dharmadhikari, (S.C.Dharmadhikari, (S.C.Dharmadhikari, J) J) J)