/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION(L) NO.1291 OF 2008 Shri Viraj Ambalal Rawal of Hotel Bombay Fancy ...Petitioner V/s. State of Maharashtra & Ors. ...Respondents Mr.P.C. Kansara i/b. Kansara & Thanekar for Petitioner. Mr.J.S. Saluja AGP for the State. CORAM : V.M. KANADE, J. DATED : 9th May, 2008. (Vacation Court) P.C.:- 1. Petitioner is aggrieved by the inaction on the part of Respondent No.4 which is appellate authority to decide the appeal U/s. Bombay Police Act against the order passed by the Respondent No.3 who is a licensing authority. Licence of the Petitioner was suspended by the Respondent No.3 by order dated 19th March, 2008. There is statutory remedy provided in the Act against the said order. Consequently, Petitioner filed appeal against the said order. Alongwith appeal, he filed an application for stay. Grievance of the Petitioner is that Respondent No.4 merely closed appeal for orders on 28th April, 2008. No order was passed on the application for stay which was filed / 2/ by the Petitioner alongwith appeal. In my view, when statutory remedy is provided to the parties, authority which has power to decide the appeal should hear the application for stay one way or other and dispose of the stay application pending the hearing and final disposal of the Appeal. In the present case, as a result of no order being passed by the Respondent no.4, appeal which is filed by the petitioner before the appellate authority will be rendered infructous. Hence, in my view, in the interest of justice, it would be appropriate if the order passed by the Respondent No.3 is stayed pending hearing and final disposal of appeal which is filed by the Petitioner herein. Impugned order passed by the Respondent No.3 is, therefore, stayed. Respondent No.4 shall pass order in appeal as expeditiously as possible. Petition is disposed of accordingly. If any adverse order is passed by the Respondent No.4, same shall be stayed for two weeks thereafter. ( V.M. KANADE, J. )