vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2772 OF 2009 WRIT PETITION NO.2772 OF 2009 WRIT PETITION NO.2772 OF 2009 Shankar Annaiyya Poojari ... Petitioner V/s. State of Maharashtra & Ors. ... Respondents Mr.P.C. Kansara for Petitioner Mr.P.P. Kakade, AGP, for Respondents CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: MAY 5, 2009 MAY 5, 2009 MAY 5, 2009 P.C.: P.C.: P.C.: . The Petitioner is aggrieved by the order passed on 2.2.2009 in the appeal filed by him u/s 33 of the Bombay Police Act, 1951. After preferring the appeal, the petitioner had submitted written arguments on 14.1.2009. Although the appellate authority has referred to the written arguments, it appears that he has not considered them at all. The grounds on which the petitioner had challenged the decision to suspend his licence for running a place of public entertainment were incorporated in para 3 of his written arguments. These included the ground that out of four offences allegedly committed by the petitioner there was a conviction in respect of three offences and that the petitioner was not involved in any of these offences which had taken place outside the petitioner’s premises. As regards the 4th offence, the criminal case was : 2 : pending. The petitioner therefore had submitted that the licence could not have been suspended during the pendency of the trial. It appears from the impugned order that these contentions raised by the petitioner have not been taken into consideration by the appellate authority. 2. In view of this, the impugned order of the appellate authority is set aside. The appeal is remanded to the appellate authority for a fresh hearing. The petitioner shall appear before the appellate authority on 18.5.2009. The appellate authority will dispose of the appeal within three weeks from that date. Till then, no coercive steps shall be taken against the petitioner. In case, any adverse orders are passed against the petitioner, the same will not be acted upon for a period of one week after communication of that order to the petitioner. 3. Writ petition is disposed of accordingly.