IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1655 OF 2008 WRIT PETITION NO.1655 OF 2008 WRIT PETITION NO.1655 OF 2008. Shri Basavraj Gurusidappa Loni. ..Petitioner. versus The State of Maharashtra & Anr. ..Respondents. .... Mr.Ganesh Gole, for the Petitioner. Mr.Y.M.Nakhwa, APP, for the Respondent-State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 30TH AUGUST,2008. : 30TH AUGUST,2008. : 30TH AUGUST,2008. P.C. 1. Rule. Heard the learned A.P.P. appearing for the Respondents. Forthwith taken up for final disposal. 2. The Petitioner was holding a lodging licence. A show cause notice was issued to the Petitioner by the second Respondent calling upon him to show cause as to why the licence shall not be cancelled. On 2nd August 2007, the second Respondent passed an order cancelling the said license held by the Petitioner. An appeal in writing was submitted on 16th August 2007 filed by the Petitioner by which he raised an - 2 - objection to the order dated 2nd August 2007 passed by the Second Respondent. The said appeal was addressed to the Additional Chief Secretary of the Home Ministry of the State Government. By a communication dated 30th May 2008 issued by the Desk officer of the Home Ministry of the State of Maharashtra, the Petitioner was informed that the appeal has been dismissed on the ground that the same was not preferred within a period of 30 days. By filing this Petition, the Petitioner has impugned the said order. 3. The submission of the Petitioner is that in terms of operative part of the order dated 2nd August 2008, he filed an appeal within 30 days which was submitted to the second Respondent for forwarding the same to the State Government. He submitted that the Appeal was lodged with the second Respondent within 30 days and therefore, there was no occasion for coming to the conclusion that there was a delay in preferring an appeal. The learned APP has produced the case file for my perusal. He submitted that appeal ought to have been preferred before the Appellate Authority within the period of 30 days and - 3 - therefore, in absence of any explanation for delay, the Appellate Authority was justified in dismissing the Appeal on account of bar of limitation as the Appellate Authority received the said appeal on 5th April 2008. 4. I have carefully considered the submissions. In the order dated 2nd August 2007, it is stated that if the Petitioner was aggrieved by the said order, he can prefer an appeal against the said order before the Additional Chief Secretary, Home Ministry within a period of 30 days. It is specifically stated in the order that an appeal can be filed in duplicate through the Office of the second Respondent. The perusal of the file shows that the appeal preferred by the Petitioner addressed to the Additional Chief Secretary was filed in the office of the second Respondent on 16th August 2007. The said appeal was forwarded by the office of the second Respondent on 5th April 2008 to the Appellate Authority. 5. In terms of operative part of the order passed by the second Respondent, an appeal was preferred by the Petitioner to the second Respondent - 4 - within the stipulated period of 30 days from the date of passing of the order. There was no delay on the part of the Petitioner, but the delay was on the part of the second Respondent in forwarding the appeal to the Appellate Authority. The Petitioner cannot be allowed to suffer for the said delay. The said appeal will have to be treated as filed within the limitation. Therefore, the appeal will have to be considered on merits. The record shows that on 17th April 2008, the additional grounds of appeal have been tendered on the record. The said additional grounds will have to be treated as a part of the appeal filed by the Petitioner. In the circumstances, I pass the following order :- (1) The impugned order dated 30th May 2008 (Exhibit-I to the Petition) is quashed and set aside. (2) The Appellate Authority will register the appeal (Exhibit-G to the Petition). The additional grounds submitted by the Petitioner shall be treated as forming a part of the said appeal. - 5 - (3) The appeal shall be decided as expeditiously as possible and preferably within a period of eight weeks from the date of production of an authenticated copy of this order before the Appellate Authority. (4) All contentions of the parties on merits are kept open. Rule is made absolute in above terms. The concerned Appellate Authority to act upon an authenticated copy of this order. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]