SSK/912/sb 1 WP.1993.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1993 OF 2011 Bharat B. Thakur ....Petitioner Versus State of Maharashtra & Ors. ...Respondents Mr. P. C. Kansara i/b. M/s. Kansara & Thanekar, Advocates for the petitioner. Mr. A.B. Vagyani, AGP for respondent nos. 1 to 5. CORAM : RANJIT MORE, J. DATED : 10TH MARCH, 2011. P.C.: Heard Mr. Kansara, learned counsel for the petitioner and Mr. Vagyani, learned AGP for the respondents. 2. Rule. By consent of the parties, rule is made returnable forthwith and taken up for hearing. 3. By an order dated 5th February, 2011, respondent no.3 suspended the Public Entertainment Licence of the petitioner’s establishment on the grounds mentioned in the said order. The order suspending the public entertainment licence was served upon the SSK/912/sb 2 WP.1993.11 petitioner on 11th February, 2011 and the petitioner immediately thereafter on 24th February, 2011 has preferred an appeal along with application for stay under the provisions of Section 33 of the Bombay Police Act, 1951 before the Home Minister-Respondent No.4. The respondent no.4 has not passed any orders either in the application for stay or in the appeal. 4. The grievance of the petitioner is that neither the appeal was heard nor any order was passed in the application for stay by respondent no.4-Appellate Authority and he apprehends that after 11th March, 2011 the authorities under the Act will insist for implementation of the order impugned in the appeal. 5. I find substance in the submission of the learned counsel for the petitioner. If the order passed by the 3rd respondent is subject to the appeal and in fact, appeal is filed within the stipulated period along with an application for stay, it is obligatory on the respondent no.4-Appellate Authority to pass appropriate order on the application for stay. Since no order was passed by the Appellate Authority, in my opinion, the operation of order of suspension of the public entertainment licence in respect of the petitioner’s establishment deserves to be stayed. In the above facts and circumstance, the petition is disposed of, by passing the following order: SSK/912/sb 3 WP.1993.11 1. The respondent no.4-Appellate Authority is directed to hear and dispose of the petitioner’s appeal which is annexed at Exhibit “F” to the petition along with the stay application as expeditiously as possible and in any case within a period of eight weeks from the receipt of writ of this order. 2. During the pendency and final disposal of the appeal the effect, operation and implementation of the order dated 5th February, 2011 passed by the respondent no.3 in respect of the petitioner’s establishment “M/s. Hotel Uma Palace, Deep Mandir Theatre, Ground Floor, L.B.S.Marg, Mulund (West), Mumbai – 400 080 shall remain stayed. 3. In the event of passing of any adverse order by respondent no.4 in the aforesaid appeal, the same shall not be given effect for a period of two weeks from the date of communication of the same to the petitioner. (RANJIT MORE, J.)