Allowed

Krushna Sai Restaurant and Bar Thr N Yagneshwar Patil v. the State of Maharashtra Thr the Office and Ors.

Bombay HC12 Feb 2024WP/1761/2024

Case brief

AI extract

What is this about?

This writ petition challenged the confirmation of the permanent cancellation of a restaurant's license following a show-cause notice that only sought suspension. The High Court quashed the impugned orders, allowing only the suspension proceedings implied in the notice and permitting further action for any other illegality.

What did the court decide?

Orders dated 4th August 2023 and 30th November 2023 are quashed. First Authority permitted to proceed with notice dated 12th December 2022. No costs.

Krushna Sai Restaurant and Bar Thr N Yagneshwar Patil Vs… — Property and Title | Bombay HC (2024)

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VRJ

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1761 OF 2024

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VAIBHAV RAMESH JADHAV Digitally signed byVAIBHAV RAMESHJADHAVDate: 2024.02.1217:14:09 +0530

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Krushna Sai Restaurant & Bar Through N. Yagneshwar Patil … Petitioner V/s. The State of Maharashtra Through The Office & Ors. … Respondents

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Ms. Bobby Malhotra for the petitioner.

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Mr. P. G. Sawant, AGP for the State/respondent Nos.1 to 6.

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CORAM : AMIT BORKAR, J.

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DATED : FEBRUARY 12, 2024

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P.C.:

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Rule . Rule is made returnable forthwith.

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The petitioner is challenging order passed by the Principal Secretary (Appeals and Security) Home Department, Government of Maharashtra dated 30^th November 2023. By the said order, the Appellate Authority confirmed the order passed by the Joint Commissioner of Police dated 4^nd August 2023.

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On perusal of the record, it appears that the First Authority issued show-cause notice dated 12^th December 2022. The showcause notice called upon the petitioner to show cause as to why the license of the petitioner shall not be suspended for period of

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three months. However, based on such notice, by order dated 4^th August 2023, the First Authority has permanently cancelled the petitioner’s license. The Appellate Authority has confirmed the order.

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Based on show-cause notice for suspension of license, the action permanently cancelling the petitioner’s license could not have been taken. Hence, on this limited ground the writ petition succeeds.

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The orders dated 4^th August 2023 and 30^th November 2023 are quashed and set aside.

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The First Authority is permitted to proceed with show-cause notice dated 12^th December 2022, and in case of any other illegality, it will be open for the First Authority to take action in accordance with law. With this clarification, the writ petition stands disposed of. No costs.

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Rule is made absolute in above terms.

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Needless to state that the First Authority shall grant copy of all material which is the basis of action proposed to be taken against the petitioner and opportunity of hearing.

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(AMIT BORKAR, J.)

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Krushna Sai Restaurant and Bar Thr N Yagneshwar Patil v. the State of Maharashtra Thr the Office and Ors.

Case brief

What is this about?

What did the court decide?

Krushna Sai Restaurant and Bar Thr N Yagneshwar Patil v. the State of Maharashtra Thr the Office and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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