M/S. HOTEL SAMIT PUNJAB THR PROP. DEEPA R TYAGI v. STATE OF MAHARASHTRA AND ORS
WP/11243/2026 · 2026-08-29
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6209 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6209 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
34-WP-11243-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11243 OF 2026
M/s Hotel Samit Punjab Through Prop Deepa R Tyagi ..Petitioner Versus State of Maharashtra And Ors …Respondents Mr. R.D. Soni, with S.N. Gawade, i/b Shree & Co, for the Petitioner. Mr. P.G. Sawant, AGP, for the Respondents-State. CORAM:
N. J. JAMADAR, J.
DATE :
29th AUGUST 2026 P.C.:
1. Heard the learned Counsel for the parties.
2. The challenge in this Petition is to an order dated 31 July 2026 passed by the Respondent No.4, whereby in exercise of the powers under Rules 238 and 239 of the Rules for Licensing and Controlling places of Public Amusement (other than Cinemas) and Performances (including Melas and Tamashas), 1999 (the Public Amusement Rules, 1999), the Respondent No.4 has suspended the licence of the Petitioner to operate the orchestra for a period of 20 days from the date of the said order.
3. The learned Counsel for the Petitioner submits that the Petitioner has already filed a statutory appeal against the said order along with an ARS 1/2 2026:BHC-AS:36307
34-WP-11243-2026.DOC application for stay to the impugned order. However, the said appeal is not taken up for hearing by Respondent No.2.
4. Learned AGP for the Respondent-State submitted that, as the Petitioner has already invoked the statutory remedy of appeal, this Petition does not deserve to be entertained.
5. This Court finds that, by the impugned order dated 31 July 2026, the Competent Authority has suspended the entertainment licence to operate an orchestra for a period of 20 days. The said period has already expired. Since the Petitioner claims to have already availed the remedy of appeal and the suspension period is also over, at this stage, there is no propriety in entertaining this Petition.
6. The Writ Petition stands disposed with a request to the Appellate Authority to hear and decide the Appeal preferred by the Petitioner, as expeditiously as possible, and, preferably, within a period of 8 weeks from 7 September 2026.
7. The Petitioner shall appear before the Appellate Authority on 7 September 2026.
[N. J. JAMADAR, J.] ARS 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 03/09/2026 21:50:36