1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.1672 of 2009 Hitesh P.Shah ..Petitioner vs. State of Maharashtra & ors. ..Respondents Mr.Pankaj C.Kansara for petitioner Mr.Shekhar Ingavale, A.G.P. for respondents CORAM: S.J.KATHAWALLA J. 7th October, 2009 P.C. 1 Heard Counsel for the parties. 2 Rule. Rule made returnable forthwith by consent. Mr.Ingavale waives notice for respondents. 3 The petitioner is running a restaurant and bar in the name and style of Sea Bird Restaurant and Bar situated at 63, Opposite Khera Nagar, Santacruz, Mumbai. By this writ petition the petitioner has impugned and has sought setting aside of the order dated 31st December, 2008 passed by respondent no.3 and the order dated 2nd July 2 2009 passed by respondent no. 4 respectively suspending the licence for a period of 7 days. Though the petitioner has been held guilty only of violating Rules 8(1) and 8(2) of the Rules for keeping place of Public Entertainment in Greater Bombay, 1953 by respondent no.3, respondent no.4 has also held the petitioner guilty of violating Rules 6 and 21A. Admittedly, respondent no.2 has not held the petitioner guilty for violating Rules 6 and 21A. In that event the respondent no.4 as an Appellate Authority in appeal filed by the petitioner impugning the order of respondent no.2 cannot hold that the petitioner is guilty of violating Rules 6 and 21B. In view thereof, keeping into consideration that the petitioner has violated Rules 8(1) and 8(2) his licence is directed to be suspended for a period of 4 days in stead of 7 days i.e. from 20th October, 2009 to 23rd October, 2009. The writ 3 petition is accordingly disposed of with no order as to costs. (S.J.KATHAWALLA J.)