ast 1 wp3568.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3568 OF 2010 Smt. Devki Sadhu Shetty. ....Petitioner Vs. State of Maharashtra & ors. ....Respondents Mr.D.B.Sawant for petitioner. Mr.V.S.Gokhale, AGP for Respondents. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- MAY 4, 2010 P.C. 1. Heard Counsel for the parties. 2. The grievance of the Petitioner is that the Petitioner has made application for issuance of licence to keep a place of public entertainment pertaining to Hotel Akshaya at Kalpataru Building, Ground Floor, Dr. SS.Rao Road, Parel, Mumbai 400 012. That application has been submitted as back as on 2nd November, 2007, but no decision has been taken thereon sofar by the appropriate authority. Besides, the Petitioner is already having FL-III licence issued under the provisions of Bombay Prohibition Act, 1949. Indeed, the latter licence will be of no avail for conducting activities of place of public entertainment. So long as the said licence is not issued, the Petitioner cannot perform any activity or cause to perform any activity to use the premises as a place of public entertainment. The Petitioner, at best, would be entitled to continue with the business permissible under FL-III licence. However, the ast 2 wp3568.10.sxw appropriate authority cannot keep the application preferred by the Petitioner pending indefinitely. As aforesaid, the Application is pending since 2007. No justification can stand to reason for such inaction. In the circumstances, we dispose of this petition with direction to the appropriate authority to consider the application preferred by the Petitioner for issuance of PPEL licence, if the Petitioner fulfills all the legal requirements. That however, shall be done as expeditiously as possible and in any case, not later than six weeks from the date of presentation of copy of this order in the office of Respondent-appropriate authority. In the event, the Petitioner is found to be in-eligible for grant of such licence, the appropriate authority shall pass order to that effect and record reasons therefor, which shall be communicated to the Petitioner within the same time. 3. We make it clear that this order is not an expression of opinion either way on the merits of the stand taken by the Petitioner in the present Petition or for that matter in other proceedings pending against the Petitioner including before the Criminal court. Those proceedings will have to be proceeded and decided on its own merits in accordance with law. 4. Petition disposed of on the above terms. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)