IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.388 OF 2008 Sanjeeva Achanna Shetty of M/s.New Madras Cafe (Sea Prince) ...Petitioner V/s. The Commissioner of Police & Anr. ...Respondents ...... Mrs.Veena Thadani i/b Mr.Vishal Thadani for Petitioner. Mr.Shekhar Ingawale, A.G.P. for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 10, 2008. MARCH 10, 2008. MARCH 10, 2008. P.C. P.C. P.C. 1. Learned A.P.P. points out that in terms of order dated February 22, 2008, the Petitioner’s request for transfer of license, originally in the name of Devaki Puappa Shetty, the mother of the Petitioner since expired, is considered and the Authority has taken the view that as per the original license condition, the same was non-transferable and not inheritable. In the circumstances, the request of the Petitioner has : 2 : been turned down. 2. If license cannot be transferred in favour of the Petitioner and the earlier license has already come to end with the death of the original licensee, there is no question of allowing the Petitioner to continue with the business on the assumption that the said license continues in favour of the Petitioner. Suffice it to observe that nothing survives for consideration in the present Writ Petition. 3. However, at the same time, the grievance of the Petitioner will have to be placed on record that the Petitioner has already applied for fresh license on 7th March 2008 to the competent Authority, which application is still undecided. The appropriate course in such a situation is to direct the competent Authority to decide the said application as expeditiously as possible but not later than one week from today. 4. It is made clear that if the Application is not decided within one week from today, the : 3 : Petitioner would be free to approach this Court for appropriate directions including for initiating action of contempt of Court committed by the Competent Authority. 5. The Petitioner shall remain present before the competent Authority on 12th March 2008 at 11.00 a.m. in the Office of the competent Authority, on which date the Authority may call upon the Petitioner to present such further documents or information as may be required so as to finally decide the pending Application within the stipulated time. 6. Writ Petition disposed of on the above terms. A.M.KHANWILKAR, J.