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2026 DAILYLAW 11205 (BOM)

SAMUDRA BAR AND RESTAURANT v. STATE OF MAHARASHTRA THR OFFICE OF GOVT PLEADER AD ORS

WP/12494/2026 · 2026-09-21

body2026

Judgment text

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43 wp 12494 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12494 OF 2026 M/s. Samudra Bar and Restaurant ... Petitioner versus State of Maharashtra and Ors. … Respondents Mr. R.D.Soni with Ms. Sujay Gawade, Ms. Mudita Pawar, Ms. Mihika Save i/by Shree and Co., for Petitioner. Mr. P.G.Sawant, AGP for State. CORAM: N.J.JAMADAR, J. DATE : 21 SEPTEMBER 2026 P.C. 1. Heard the learned Counsel for the parties. 2. The challenge in this petition is to an order dated 3 September 2026 passed by the Deputy Commissioner of Police, Brihanmumbai, thereby cancelling the entertainment licence of the Petitioner to operate an Orchestra in the subject premises under the provisions of Rule 238 and 239 of the Entertainment Rules, 1960. 3. Mr. Soni, learned Counsel for the Petitioner submits that, the Petitioner has availed the statutory remedy by filing an appeal before the Appellate Authority. However, in the intervening period, the execution and operation of the impugned order deserves to be stayed. 4. As the Petitioner has already invoked the statutory remedy, there is no propriety in entertaining this Petition. However, it may be expedient in the SSP 1/2 SWAROOP SHARAD PHADKE Digitally signed by SWAROOP SHARAD PHADKE Date: 2026.09.25 11:19:54 +0530 43 wp 12494 of 2026.doc interest of justice that the said appeal is decided as expeditiously as possible. 5. Hence, the Writ Petition stands disposed with a request to the Respondent No.2 to decide the appeal filed by the Petitioner, as expeditiously as possible and, preferably, within a period of four weeks from the appearance of the Petitioner before the Appellate Authority. 6. The Petitioner shall appear before the Appellate Authority on 28 September 2026. ( N.J.JAMADAR, J. ) SSP 2/2