Petitioner challenged suspension of restaurant license due to absence during police inspection based on lack of application of mind by authorities. Court set aside suspension as petitioner's first breach with assurance of improvement.
Impugned orders suspending the petitioner's license for 20 days set aside.
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WPlodg2996-12
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION LODGING NO. 2996 OF 2012.
Sunil Ramesh Shitap .. Petitioner Vs State of Maharashtra & ors. .. Respondents
Mr.Kansara i/b Kansara & Thanekar, for petitioner. Mr.Ranjit Bhosale, AGP, for respondents No.1 & 5.
CORAM: N.M.JAMDAR, J. Monday 11 February, 2013
P.C.:
Rule. Rule made returnable forthwith.
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that he was hospitalised during the period of 26 September 2011 and 3 October 2011 and therefore, he was unable to remain present in the establishment. The petitioner was called for hearing on 4 August 2012 and by order dated 9 August 2012, the license of the petitioner was suspended for a period of 20 days.
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breach or nor any other allegation has been made against the petitioner. It is also stated that in the past there have been no incidents of the petitioner breaching the terms of the license. In case of Dashrath Singh , this Court has held that the appellate authority when it considers appeals for cancellation of license has to apply its mind to all the facets. It should not act as a rubber stamp.
N.M.JAMDAR, J.
3 issues framed by the court
Whether impugned orders suspending the petitioner's license were passed with application of mind and consideration of the petitioner's explanation.
Whether the punishment of 20 days suspension was harsh considering the petitioner's first breach and undertaking not to repeat it.
Whether the appellate authority should have considered all facets instead of acting as a rubber stamp.
Colour shows how this judgement treated each authority
Allahbaksh Ismail Ebrahim Vs Commissioner of Police & ors.Referred¶17
Allahbaksh Ismail Ebrahim Vs Commissioner of Police & ors. - 2004(1) ALL MR 677
Dashrath Tarashankar Singh Vs State of Maharashtra and othersRelied on¶17
Dashrath Tarashankar Singh Vs State of Maharashtra and others Writ Petition No.740 of 2011
2 provisions across 2 enactments
Sunil Ramesh Shitap
State of Maharashtra
N.M. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
