ssm sm sm 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 JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.5682 OF 2008 PETITION NO.5682 OF 2008 PETITION NO.5682 OF 2008 Smt.Mamta Durgadas Chouta ...Petitioner Vs. The Commissioner of Police, Navi Mumbai. ...Respondents. Mr.R.D.Soni i/by M/s.Ram & Co. for the Petitioner. Mr.Sameer Patil, AGP for the Respondent No.2. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 5th August, 2008 : 5th August, 2008 : 5th August, 2008. P.C. P.C. P.C. . Heard Mr.Soni, the learned counsel appearing for the Petitioner and Mr.Patil, AGP for Respondent No.2. 2. The only grievance made by the Petitioner that neither his appeal nor the stay application filed in that appeal under the provisions of Section 33 of the Bombay Police Act-1951 are being disposed of. 3. The Respondent No.2 by his order dated 21/05/2008, suspended P.P.E.L. licence in respect of Petitioner’s hotel Swagatam Lodging for the period of six months. This order was communicated to the Petitioner on 13/07/2008. By this order itself 30 days period was ( 2 ) given to the Petitioner to prefer an appeal before the State and he was further informed that the order will come into effect after the period of 30 days. The Petitioner immediately after receipt of the order dated 13/07/2008 filed an Appeal on 17/07/2008. However, as stated above, neither Appeal nor stay application has been decided and therefore, the present petition. 4. In the above facts and circumstances, in my considered view, this petition can conveniently be disposed of by directing the Respondent No.3 to dispose of petitioner’s above Appeal expeditiously within eight weeks from today. I am also of the considered view that during the pendency of the appeal, the impugned order passed by the Respondent No.2 deserves to be stayed inasmuch as if the same is not stayed, the Petitioner’s appeal itself will be rendered infructuous. 5. I, therefore, dispose of the Writ Petition by the following order: O R D E R R D E R R D E R ( 3 ) 1. The Respondent No.3 is directed to dispose of the appeal, copy of which is annexed at page 37, as expeditiously as possible and in any case within a period of eight weeks from today. 2. During the pendency and final disposal of the above Appeal, the impugned order dated 21/05/2008 of Respondent No.2 suspending the P.P.E.L. licence in respect of Swagatam Lodging for the period of six months, is stayed. 3. It is made clear that the Respondent No.3 shall decide the appeal on its own merit and all points and contentions are kept open to be agitated. ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)