IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4065 OF 2008 WRIT PETITION NO.4065 OF 2008 WRIT PETITION NO.4065 OF 2008 Sunanda S. Kamat & Ors. ..Petitioners. V/s. State of Maharashtra & Ors. ..Respondents. Mr.V.B.Thadani i/b. Veena Thandani for petitioners. Mr.S.D.Rayarikar, A.G.P. for respondent Nos.1 to 3. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. P.C. :- P.C. :- P.C. :- 1. Rule. Rule returnable forthwith. By consent of the parties, petition is taken up for final hearing. 2. The grievance of the petitioners in this petition is that Kolhapur Municipal Corporation had wrongfully sealed the business premises of the petitioners. Against the said action of the Municipal Corporation, the petitioners had filed Regular Civil Suit No.716/2007 seeking injunction so as to remove the seal affixed on the liquor shop of the petitioners. By the impugned order dated 8/10/2007, learned Civil Judge, S.D. Kolhapur - = : 2 : = - dismissed the application filed by the petitioners. Against the said order, the petitioners filed Misc. Civil Appeal No.164/2007 in the District Court, Kolhapur which was also dismissed. Challenging the aforesaid orders, the present petition is filed. 3. Although it is the contention of the petitioners that no licence is required to be obtained from the Municipal Corporation, in the facts of the present case, it is admitted fact that the petitioners were obtaining licence from the Municipal Corporation and on expiry of the said licence, the business premises of the petitioner has been sealed. Moreover, the petitioners have already applied for a fresh licence / renewal of licence on 10/9/2007 and the same has not yet been disposed of. 4. In view of the fact that the licence obtained by the petitioner from the Municipal Corporation has already expired, the action of the Corporation in sealing the premises cannot be faulted. So far as the application filed by the petitioners for renewal / fresh licence, since it is pending from 10th September, 2007, it would be appropriate to direct that the said application be disposed of within a period of three months from the date of receipt of this order. Accordingly, the - = : 3 : = - Kolhapur Municipal Corporation is directed to dispose of the application of the petitioners dated 10/9/2007 within a period of three months from the date of receipt of this order. Counsel for the petitioners as also the counsel for the State to communicate this order to the Municipal Corporation. 5. It is needless to say that the Municipal Corporation shall dispose of the application of the petitioners in accordance with law and on merits. 6. Petition is disposed of accordingly with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)