IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 6568 OF 2008 WRIT PETITION NO. 6568 OF 2008 WRIT PETITION NO. 6568 OF 2008 Shri Harishchandra Rajaram Sutar. ... Petitioner. V/s. State of Maharashtra & others. ... Respondents. Mr.Gawade with Mr.Kasle i/b. Ram & Co. for the petitioner. N.P.Deshpande with Sameer Patil, AGP for the respondents. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 24th September 2008. DATED: 24th September 2008. DATED: 24th September 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard. Perused record. 2. This petition is directed against the order dated 29th August, 2008 passed by the Police Commissioner, Navi Mumbai suspending the Eating House Registration Licence for a period of five months commencing from the date of execution of the order with a rider that, if no appeal is filed within 30 days, then the suspension order shall operate with the expiry of 30 days. Learned counsel appearing for the petitioner submits that the order was served on him on 4th September, 2008 and, immediately, thereafter the appeal was filed before the State Government along with application for stay. The petitioner has invoked writ jurisdiction of this Court finding absence of decision on the stay application. Learned counsel for the petitioner submitted that repeated prayers were made to decide the stay application but no date is given by the Hon’ble Minister for Home for hearing. 3. The learned A.G.P. appearing for the State submits that the suspension period will operate with effect from 4th October, 2008. He, however, submits that on 29th September, 2008 the Hon’ble Minister will accord hearing to the petitioner on the stay application and decide the same immediately or thereafter by a reasoned order but, at any rate, before 4th October, 2008. The statement made in this behalf is taken on record. In view of the statement, it is not necessary to entertain this petition. However, it is made clear that so long as the application for stay is not decided by the State on its own merits, the order of suspension shall not take effect and in the event of any adverse order, the said order shall not be given effect to for one week thereafter. 4. With the aforesaid observations, petition is disposed of with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)