IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1406 OF 2008 WRIT PETITION NO.1406 OF 2008 WRIT PETITION NO.1406 OF 2008 Ramnaresh Maurya, Sole Proprietor of M/s.Durga Hotel .. Petitioner Versus State of Maharashtra & Ors. .. Respondents Mr.Anil Singh alongwith Mr.D.R.Shah for petitioner. Mr.R.R.Bhosale for respondents. CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI J. J. J. DATE : 18th June, 2008 DATE : 18th June, 2008 DATE : 18th June, 2008 P.C. P.C. P.C. 1. It is an admitted position that the petitioner has challenged order passed by the licensing authority dated 16th April, 2008 by filing an appeal before the Appellate Authority stipulated under the Rules which have been framed by the State in exercise of the powers conferred by the Bombay Police Act, 1951. The appeal and the stay application, both, are pending. 2. In the light of the above, the learned A.G.P raises a preliminary objection to the maintainability of the present petition and urges that the petitioner has an alternate equally efficacious remedy available to him in law which cannot be by-passed as it is availed off by the petitioner. :2: 3. Mr.Singh appearing for the petitioner does not deny the fact of filing of appeal and pendency of stay application as well. His request is that this Court should direct expeditious hearing and disposal of the appeal or atleast of the stay application. 4. The establishment is closed since 29th May, 2008. In the light of this fact the Appellate Authority to endeavour and dispose of the stay application within a period of 15 days from the date of receipt of a copy of this order. It is for the Appellate Authority to decide as to whether it desires to decide the stay application and the appeal together or take up the appeal at a later stage. Needless to state that if it decides to take up appeal at a later stage, then, it should endeavour and dispose of the same as expeditiously as possible and in any event by 31st July, 2008. All contentions of the petitioner on the stay application as well as the appeal are kept open and no opinion is expressed thereto. Petition is disposed of on the ground of availability of alternate remedy. (S.C.Dharmadhikari, J)