Smt. Kalyani A. Shetty v. State of Maharashtra & Ors.
Case at a glance
- Decided
- 26 Apr 2011
- Bench
- RANJIT MORE
Outcome
Disposed of
petitioner is that neither the appeal nor the stay application is disposed of
Provisions considered
- Bombay Police Act, 1951 s. 33
Key paragraphs
- Para 44. The petitioner received the above order on 28th March, 2011. The period of 30 days granted under the order dated 16th March, 2011 will be expiring today. On 13th April, 2011, the Petitioner has preferred an appeal along with separate application for stay. The…
Judgment
Smt. Kalyani A. Shetty Versus State of Maharashtra & Ors. ....Petitioner ...Respondents Mr. PanKaj Kansara i/b. M/s. Kansara & Thanekar, Advocate for the petitioner. Mr. S. N. Bhosale, AGP for respondent nos. 1 to 5. CORAM : RANJIT MORE, J. DATED : 26th APRIL, 2011. P.C.: Not on board. Mentioned for urgent production. Production allowed in terms of urgency.
Heard Mr. Kansara, learned counsel for the petitioner and Mr. Bhosale, learned AGP for the respondents.
By an order dated 16th March, 2011, respondent no.3 suspended the Public Entertainment Licence of the petitioner’s establishment viz. M/s. Hotel Anand Punjab situated at Donald House, 73, Bhagat Singh Road, Opp. Electric House, Colaba, Mumbai – 400 039 for a period of 30 days. By the said order, the petitioner was given 30 days’ time to approach the Appellate Authority under Section 33 of the Bombay Police Act, 1951 read with Rule 28-A of Rules for Keeping Places of Public Entertainment in Greater Bombay, 1953. SSK/nob 2 WP.3325.11
Operative part
The petitioner received the above order on 28th March, 2011. The period of 30 days granted under the order dated 16th March, 2011 will be expiring today. On 13th April, 2011, the Petitioner has preferred an appeal along with separate application for stay. The grievance of the petitioner is that neither the appeal nor the stay application is disposed of by the Hon’ble Home Minister-the Appellate Authority, and therefore, the present petition.
Mr. Bhosale, learned AGP submits that direction may be given to the Appellate Authority to dispose of the appeal along with the stay application expeditiously.
In the above backdrop, the petition can conveniently be disposed of by passing the following order:
The Appellate Authority is directed to hear and dispose of the petitioner’s appeal, copy of which is annexed at Exhibit “C” to the petition as expeditiously as possible and in any case within a period of four weeks from the receipt of writ of this order. SSK/nob 3 WP.3325.11
2. During the pendency and final disposal of the appeal the effect, operation and implementation of the order dated 16th March, 2011 passed by respondent no.3 in respect of the petitioner’s establishment viz.M/s. Hotel Anand Punjab situated at Donald House, 73, Bhagat Singh Road, Opp. Electric House, Colaba, Mumbai – 400 039 shall remain stayed.
3. In the event of passing of any adverse order by the Appellate Authority in the aforesaid appeal, the same shall not be given effect for a period of two weeks from the date of communication of the same to the petitioner. In light of the above order, the petition is disposed of.
(RANJIT MORE, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitioner is that neither the appeal nor the stay application is disposed of
Which statutory provisions did this judgment involve?
Bombay Police Act, 1951 — s. 33.
Which court decided this case, and when?
Bombay High Court, on 26 Apr 2011. The bench was RANJIT MORE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.