bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2437 OF 2009 PETITION NO. 2437 OF 2009 PETITION NO. 2437 OF 2009 Harishchandra Sarju Yadav ... Petitioner v/s State of Maharashtra & ors. ... Respondents Mr.P.C.Kansara for the petitioner. Mr.P.P.Kakade, A.G.P. for the respondents. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 28TH APRIL, 2009 28TH APRIL, 2009 28TH APRIL, 2009 P.C. P.C. P.C.: 1. The petitioner has raised several contentions while impugning the order of the appellate authority as well as the competent authority by which his Police licence bearing No.115/1997 has been cancelled. In his appeal memo, the petitioner had raised several grounds of challenge against the order of the competent authority. However, on a perusal of the order of the appellate authority, I find that the appellate authority has not considered these grounds. Instead, the appellate authority has merely adverted to the findings of the competent authority and has confirmed the same. 2 2. In my opinion, therefore, the order of the appellate authority needs to be set aside and the matter must be remanded for the appellate authority to decide the same afresh. 3. Accordingly, the impugned order of the appellate authority dated 2.2.2009 is set aside. The petition is disposed of by directing the appellate authority to decide the appeal of the petitioner, afresh. 4. The petitioner is running the restaurant under the interim orders of this Court. These interim orders will continue till the decision of the appellate authority. The appeal shall be decided within eight weeks from today. 5. In case the petitioner fails in his revision application, the authorities shall not act on the order for a period of one week after communicating the same to the petitioner. 6. Writ petition disposed of accordingly.