(1) CrWP No..634/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.634 OF 2009 Suresh Ramrao Bodkhed ] PETITIONER. R/o Aurangabad. VERSUS The State of Maharashtra ] Through the Home Minister ] RESPONDENTS. Home Department, Mantralaya] Mumbai & others. ] ----- Mr.V.G.Sakolkar, Advocate, for petitioner. Mr.B.J.Sonawane, APP, for respondents No.1 & 2. ----- CORAM : NARESH H. PATIL, AND SHRIHARI P. DAVARE, JJ. DATE : 24th July, 2009. ORAL ORDER : [ PER – NARESH H. PATIL, J.] 1] Heard. 2] The learned Additional Public Prosecutor Shri.B.J.Sonawane, on written instructions of Desk Officer, Home Department (Special), Government of Maharashtra, dated 21st July, 2009, states that the appeal filed by petitioner was heard on 14th July, 2009 in the office of Hon’ble State Minister, Home Department, Government of Maharashtra and the appeal would be finally disposed of within four weeks. (2) CrWP No..634/2009 3] The learned counsel for petitioner, Shri.V.G.Sakolkar, has placed on record a copy of order dated 13th March, 2007 passed by learned Single Judge of this Court (Coram : P.V.Hardas, J.)in Criminal Writ Petition No.50 of 2007. The counsel submits that petitioner’s eating house licence was cancelled on 25/06/2009 against which an appeal is pending before Hon’ble Minister. According to counsel, the appeal was filed before the Minister along with stay petition and as on today no orders are passed on stay petition by the Minister. The counsel submits that till the stay petition is decided, petitioner’s eating house shall not be closed. 4] The learned Additional Public Prosecutor during the course of hearing has brought to our notice that by a separate order dated 7th July,2009 passed by Collector, Aurangabad the FL-III licence of the petitioner was cancelled. 5] The learned counsel for petitioner submits that as no orders are passed on stay petition, the petitioner’s eating house would be closed even by tomorrow by the authorities which would adversely affect the petitioner, and, therefore, counsel prays that till the Minister decides the stay petition, petitioner shall be permitted to run eating house. (3) CrWP No..634/2009 6] Considering the submissions advanced and documents placed before us, we pass following order. 7] The petitioner is entitled to run the eating house till the Minister decides the appeal finally. If the order passed by Minister is adverse to the petitioner, the said order shall not be operative for 10 days from the date of receipt of order by petitioner, in order to enable him to resort to appropriate legal remedies. It is clarified that the petitioner under this order is entitled to run eating house only. We have not expressed any opinion on the merits of the matter and all issues are kept open. The Hon’ble Minister is free to deal with the issue in accordance with law. 8] With these observations, petition is disposed of. 9] Authenticated copy duly signed by Sheristedar of this Court be issued to Additional Public Prosecutor and parties to act on the authenticated copy. [ SHRIHARI P. DAVARE, J.] [ NARESH H. PATIL, J.] pcr/o/crwp634.09