23-WP-12005-26.DOC Urmila Ingale IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO. 12005 OF 2026 Mr. Pramod Manohar Bagal …Petitioner Versus The State of Maharashtra and ors. …Respondents Mr. Dhananjay Shinde a/w Mr.Ganesh Misal, , for the Petitioner. Mr. Kedar B. Dighe, Addl GP a/w Smt. Pooja Patil, AGP, for the Respondent-State. API-Mr. Avinash T. Pawar, Bharati Vidyapeeth Police Station, Pune present. CORAM: SUMAN SHYAM & GAUTAM A. ANKHAD, JJ. DATED: 28th SEPTEMBER 2026 PC:- 1.1. The controversy involved in this writ petition lies within a The controversy involved in this writ petition lies within a narrow compass. The writ Petitioner is operating a General Store narrow compass. The writ Petitioner is operating a General Store [24x7] by name- ‘M/s.Emirates Chocolate and More’ situated at [24x7] by name- ‘M/s.Emirates Chocolate and More’ situated at Survey No. 34/2, Shop No.2, Sahyadri Complex, Katraj, Survey No. 34/2, Shop No.2, Sahyadri Complex, Katraj, Ambegaon, Dhanakawadi, Pune. The aforesaid General Store of Ambegaon, Dhanakawadi, Pune. The aforesaid General Store of the writ Petitioner was suppose to operate round the clock to serve the writ Petitioner was suppose to operate round the clock to serve its customers. However, the local police has instructed the writ its customers. However, the local police has instructed the writ Petitioner to shut down the shop after 10/11 p.m.. Contending Petitioner to shut down the shop after 10/11 p.m.. Contending that such a measure, sought to be enforced by the police, is not that such a measure, sought to be enforced by the police, is not only only dehors dehors the law but is also contrary to the Standing the law but is also contrary to the Standing URMILA PRAMOD INGALE Digitally signed by URMILA PRAMOD INGALE Date: 2026.10.01 11:13:52 +0530 23-WP-12005-26.DOC Government Resolution which permits the operation of the General Government Resolution which permits the operation of the General Store on 24x7 basis, the present writ Petition has been filed. Store on 24x7 basis, the present writ Petition has been filed. 2.2. Taking note of the grievance expressed by the writ Taking note of the grievance expressed by the writ Petitioner, this Court had passed an order dated 21/09/2026 Petitioner, this Court had passed an order dated 21/09/2026 requesting Mr.Kedar Dighe, learned Additional Government requesting Mr.Kedar Dighe, learned Additional Government Pleader to obtain specific instructions. Today, when the matter is Pleader to obtain specific instructions. Today, when the matter is called out, Mr. Kedar Dighe, on instructions from the department called out, Mr. Kedar Dighe, on instructions from the department furnished through Assistant Police Inspector - Mr.Avinash Pawar, furnished through Assistant Police Inspector - Mr.Avinash Pawar, Bharati Vidyapeeth Police Station, Pune, who is personally present Bharati Vidyapeeth Police Station, Pune, who is personally present in the Court, submits that there is no Government Resolution or in the Court, submits that there is no Government Resolution or standing instructions from the departmental authorities prohibiting standing instructions from the departmental authorities prohibiting operation of the General Store on 24x7 basis. He has also clarified operation of the General Store on 24x7 basis. He has also clarified that there is no formal complaint lodged by any of the inhabitants that there is no formal complaint lodged by any of the inhabitants of the locality complaining about the operation of the General of the locality complaining about the operation of the General Store. Store. 3. If that be so, it is apparent that the action on the part of the local police in compelling the writ Petitioner to close down the shop after 11:00 p.m. is not only un-authorised but there is also no valid basis for the police to issue such a direction. 4. In view of the above, we dispose of this writ petition by restraining the Respondents from interfering in the operation of the General Store of the writ Petitioner in any manner, except in accordance with law. Page 2 of 3 23-WP-12005-26.DOC 5. There shall be no order as to cost. (GAUTAM A. ANKHAD, J.) (SUMAN SHYAM, J.) {