906-wpl-1034-11 1 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1034 OF 2011 Krishna Deju Shetty ... Petitioner V/s. The Commissioner of Police, Greater Mumbai, & Another ... Respondents. Mrs. Veena Thadani, for the Petitioner. Mr. P. G. Lad, AGP for Respondent CORAM : A.M. THIPSAY, J. (VACATION COURT) DATE : 25 th MAY, 2011. P.C. : 1 Heard the learned counsel for the parties. 2 By consent, admitted and taken up for final hearing forthwith. 3 Respondents waive service. 4 Admittedly, an appeal under section 33 of the Bombay Police Act has already been filed by the Petitioner. Admittedly, an application for stay on the implemention of the impugned order dated 27th April, 2011 has already been filed therein. Admittedly, neither the appeal, nor the stay application has been heard by Respondent No.2, so far. 906-wpl-1034-11 2 srj 5 In my opinion, it would be improper to permit Respondent to implement the order dated 27th April, 2011 without considering the statutory appeal filed by the Petitioner and the application for stay filed along with the same. In view of the submissions made by the learned counsel for the parties, it is directed that the order dated 27th April, 2011 shall not be implemented, or given effect to, in any way, till the appeal filed by the Petitioner is heard and disposed of finally by Respondent No.2. In the event of the order passed by Respondent No.2 being adverse to the Petitioner, the operation and implemention thereof, be stayed for a further period of two weeks, from the date on which such order would be communicated to the Petitioner. 6 Writ Petition stands disposed of in terms of the above order. [A.M. THIPSAY, J.]