-: 1 :- wp-2732/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2732 OF 2011. Appu M. Shetty Prorprietor Hotel Sona [Permit Room] Plot No.19, Jawhar Nagar. ..Petitioner. Versus State of Maharashtra & Ors. ..Respondents. Ms. Bobby Malhotra for the petitioner. Ms. P. S. Cardozo, AGP. Coram : RANJIT MORE, J. Date : April 7, 2011. P. C. : 1. Rule. The learned Assistant Government Pleader waives service for the respondent - State. Considering the narrow controversy involved in the petition, the same is immediately taken up for final disposal. 2. By order dated 4th March 2011 passed by the respondent - Deputy Commissioner of Police, Greater Mumbai cancelled the police licence granted to the petitioner. The said order records that the petitioner may prefer an appeal within a period of 30 days from the receipt of the said order. The order also records that on the failure to prefer an appeal within 30 days from receipt of the order, the order of cancellation of licence will be automatically srp -: 2 :- wp-2732/11 implemented. 3. Accordingly, an appeal was preferred by the petitioner on 14th March 2008. A prayer is also made for interim stay to the impugned order in the said appeal filed by the petitioner. 4. The grievance of the petitioner in this petition is that as of today, no orders are passed in the appeal filed by him nor his prayer for stay is being considered. The substantive prayer in this petition is for quashing the order dated 4th March 2011 passed by the Deputy Commissioner. Learned counsel for the petitioner submitted that in the alternative a direction may be given to the said authority to decide the appeal expeditiously. 5. The learned AGP appearing for the respondents states that the prayer for stay could not be decided as the legislative assembly is in session. 6. The petitioner has preferred a statutory appeal as provided in the order dated 4th March 2011 within a period of 30 days from the date of receipt of said order. The said appeal also contains a prayer for stay. As the appellate Authority has not considered the prayer for stay on merits, now the order of cancellation of licence which is subject matter of challenge in the appeal may operate. The order specifically notes that in case appeal is not preferred within the period of 30 days, the order of cancellation of licence -: 3 :- wp-2732/11 will be implemented. Though the appeal is preferred by the petitioner within the stipulated period of 30 days, only because the appellate authority could not find time to decide the prayer for interim stay or appeal, the order of cancellation of licence will become operative. This will defeat the very object of providing for an appeal against the order of cancellation of licence. Therefore, the appellate authority will have to be directed to decide the prayer for interim stay within a time bound schedule and limited protection will have to be granted to the petitioner. This course will have to be adopted considering the peculiar facts of the case. 7. Hence, I pass the following order : -: O R D E R :- (i) The appellate authority-Respondent no.4 is directed to hear and decide the petitioner’s appeal, within a period of eight weeks from the date of receipt of a copy of this order. (ii) During the pendency and till the final disposal of the appeal filed by the petitioner, the effect, operation and implementation of the order dated 4th March 2011 passed by respondent no.2 Dy. Commissioner of Police in respect of the petitioner’s establishment shall remain stayed. (iii) In the event of passing of any order adverse to the -: 4 :- wp-2732/11 petitioner, the same shall not be given effect for the period of two weeks from the date of communication thereof to the petitioner. (iv) All contentions of the parties in the pending appeal are kept open. (v) It is made clear that the appellate authority will decide the appeal without being influenced by the grant of a limited protection to the petitioner. (vi) Rule is partly made absolute in above terms. (vii) There will be no orders as to costs. (RANJIT MORE, J.)