Hotel Ganesh Restaurant and Bar Thr Its Proprietor vs State of Maharashtra Thr Government Pleader and Ors. — Bombay HC (2025) — LawSathi Research

Hotel Ganesh Restaurant and Bar Thr Its Proprietor vs State of Maharashtra Thr Government Pleader and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the execution and operation of the impugned order (45-day suspension of the petitioner's orchestra entertainment licence) till the decision of the appeal by respondent no. 2; respondent no. 2 requested to decide the appeal expeditiously, preferably within four weeks of the petitioner's appearance before the Appellate Authority fixed for 27 November 2025.

Issue for consideration

Whether, the petitioner having availed the statutory remedy by filing an appeal before the Appellate Authority, the execution and operation of the impugned order suspending its entertainment licence should be stayed until the appeal is decided, so that the appeal is not rendered infructuous.

Court's answer

The petition stands partly allowed.

Ratio / Principle

Respondent no. 2 is requested to decide the appeal as expeditiously as possible and, preferably, within a period of four weeks from the appearance of the petitioner before the Appellate Authority.

Key takeaways

The petitioner is directed to appear before the Appellate Authority on 27th November 2025.ratio¶order(iii)
Until the appeal is decided by respondent no. 2, the execution and operation of the impugned order suspending the petitioner's entertainment licence shall remain stayed.ratio¶order(iv)

Detailed headnote1 paragraphs

Writ Petition No. 15151 of 2025 (Bombay High Court, Civil Appellate Jurisdiction; N.J. Jamadar, J.; decided 14 November 2025): M/s. Hotel Ganesh Restaurant and Bar challenged an order dated 31st October 2025 of the Deputy Commissioner of Police, Mira-Bhayander suspending its entertainment licence to operate an Orchestra in the subject premises for 45 days under Rule 238 and Rule 239 of the Entertainment Rules, 1960. Counsel submitted the impugned order ran contrary to binding precedents of the Court and that, as the petitioner had already filed an appeal before the Appellate Authority, execution of the suspension order ought to be stayed lest the appeal be rendered infructuous; the AGP stated respondent no. 2 would endeavour to decide the appeal within four weeks. Finding it expedient that the appeal be decided expeditiously, the Court partly allowed the petition: respondent no. 2 was requested to decide the appeal preferably within four weeks from the petitioner's appearance before the Appellate Authority (fixed for 27th November 2025), and in the meanwhile the execution and operation of the impugned suspension order was stayed till the appeal is decided.

23-wp-15151-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.15151 OF 2025

M/s. Hotel Ganesh Restaurant and Bar through its proprietor

… Petitioner

V/s.

State Of Maharashtra Thr … Respondents Government Pleader And Ors

Mr. R.D. Soni a/w Sujay Gawade and Sumedha Dhopate with Mudita Pawar and Mihika Save i/by Shree and Co., for the petitioner. Mr. P.G. Sawant, AGP, for the State.

Digitally signed by VARSHA VARSHA DEEPAK DEEPAK GAIKWAD GAIKWAD Date: 2025.11.15 16:22:37 +0530

CORAM : N.J. JAMADAR, J. DATE : 14^TH NOVEMBER 2025.

PC:

Heard the learned counsel for the parties.

The challenge in this petition is to an order dated 31^st October 2025, passed by the Deputy Commissioner of Police, Mira-Bhayander, thereby suspending the entertainment licence of the petitioner to operate an Orchestra in the subject premises for a period of 45 days under the provisions of Rule 238 and 239 of the Entertainment Rules, 1960.

Mr. Soni, the learned counsel for the petitioner, submits that, the impugned order is in teeth of the binding precedents of this Court. The petitioner has availed the statutory remedy by filing an appeal before the Appellate Authority. However, in the intervening period, the

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execution and operation of the impugned order deserves to be stayed, lest the Appeal would be rendered infructuous.

Learned AGP, on instructions, submits that, the respondent no. 2 will make an effort to decide the appeal within a period of four weeks from today.

As the petitioner has availed the statutory remedy, it may be expedient in the interest of justice that, the said appeal is decided as expeditiously as possible, and having regard to the nature of the challenge, it may be appropriate to stay the execution and operation of the impugned order till the appeal is decided by the Appellate Authority.

Hence, the following order:

ORDER

i) The petition stands partly allowed.

ii) The respondent no. 2 is requested to decide the appeal as expeditiously as possible and, preferably, within a period of four weeks from the appearance of the petitioner before the Appellate Authority.

iii) The petitioner shall appear before the Appellate Authority on 27^th November 2025.

iv)In the meanwhile, the execution and operation of the impugned order shall remain stayed till the decision of the appeal by the respondent no. 2.

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(N.J. JAMADAR, J)

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