1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.2130 OF 2009 Damodar Mudliyar of M/s. My Home Restaurant & Bar ..Petitioner. Vs. State of Maharashtra ..Respondent. .... Mr. Pankaj C. Kansara for the Petitioner. Mr. Shekhar Ingavale, AGP for the State. ... CORAM: DR. D.Y. CHANDRACHUD, J. 24th November, 2009. P.C. : 1. In pursuance of a notice to show case dated 19th February, 2008 an order was passed by the Deputy Commissioner of Police on 19th July, 2009 suspending the licence granted to the Petitioner to maintain a place of public entertainment for a period of fifteen days under the Bombay Police Act. The Petitioner carried the matter in appeal. The appellate authority has remanded the proceedings back with a direction that a fresh show cause notice should be issued to the Petitioner to explain as to why the licence should not be cancelled. 2 2. There is merit in the submission which has been urged on behalf of the Petitioner that in the appeal that was filed by the Petitioner against the order of suspension which was to operate for fifteen days, it was beyond the jurisdiction of the appellate authority to direct that the show cause notice be issued for the cancellation of the licence. In these circumstances, the appropriate order would be to set aside the order of the appellate authority dated 31st August, 2009 and to restore the appeal back to the file of the appellate authority for a fresh decision on merits. In order to facilitate the exercise, the impugned order dated 31st August, 2009 passed by the appellate authority is set aside. The appeal filed by the Petitioner shall stand restored to the file and the appellate authority shall dispose of the appeal afresh after furnishing to the Petitioner an opportunity of being heard. The Court has been informed that the order passed by the licensing authority suspending the licence has been stayed in the meantime. In view of the factual position as stated before the Court, the order of suspension shall be kept in abeyance until the disposal of 3 the appeal by the appellate authority. The Petition stands disposed of. ****