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Bombay High Court

GANESH MAHABAL VAITYversusTHE COMMISSIONER OF POLICE AND ORS

Decided
Disposal
Disposed Off

Holding

The Court directed the appellate authority to hear the pending appeals or consider stay applications within four weeks, staying the suspension order in the interim.

Summary

The petitioners challenged a suspension order dated 12 August 2026, issued by the Commissioner of Police under Rules 238 and 239 of the Public Amusement Rules, 1999, which barred them from operating an orchestra for 30 days starting 15 August 2026. They had filed statutory appeals against the suspension, but the appellate authority had not yet heard them. The respondents argued that the appellate process should be allowed to proceed without judicial interference. The Court held that, given the short suspension period, the delay in hearing the appeals would render the statutory remedy ineffective, and therefore ordered the appellate authority to hear the appeals or at least consider stay applications within four weeks. Interim relief was granted, staying the execution of the suspension for six weeks, and the petitioners were directed to appear before the appellate authority on 24 August 2026. The writ petitions were consequently disposed with these directions.

Issues considered

  • Whether the High Court can intervene and grant a stay of the suspension order when statutory appeals are pending but not yet heard
  • Whether the delay in hearing the statutory appeal would render the remedy nugatory

Subjects

  • licence suspension
  • public amusement
  • statutory appeal
  • stay order
  • interim relief
  • administrative law

Judgment

                                                                  901-WP10632-2026+.DOC

                                                                                Santosh

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                     WRIT PETITION NO. 10632 OF 2026

                      Jitendra Nandlal Vaity                              ...Petitioner
                                      Versus
                      The Commissioner Of Police And Ors                …Respondents
                                                  WITH
                                     WRIT PETITION NO. 10633 OF 2026

                      Ganesh Mahabal Vaity                                ...Petitioner
SANTOSH
SUBHASH                               Versus
KULKARNI
                      The Commissioner Of Police And Ors                …Respondents
Digitally signed by
SANTOSH
SUBHASH
KULKARNI                                          WITH
                                     WRIT PETITION NO. 10634 OF 2026
Date: 2026.08.19
17:57:45 +0530




                      Ravish Gangadhar Shetty                             ...Petitioner
                                      Versus
                      The Commissioner Of Police And Ors                …Respondents

                      Mr. Vijay Patil, Senior Advocate, a/w Vivek Rane, i/b Kuldeep
                            Jain, for the Petitioner in all WP.
                      Mr. Yatin Kochare, ‘B’ Panel Counsel for the State – Respondent
                            Nos.1 to 3.

                                                      CORAM:     N. J. JAMADAR, J.
                                                      DATED:     18th AUGUST, 2026

                      Oral Order:-

                      1.   Heard the learned Counsel for the parties.

                      2.   The challenge in these Petitions is to an order dated 12 th

                      August, 2026 passed by the Respondent No.2, whereby in

                      exercise of the powers under Rules 238 and 239 of the Rules for


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                                             901-WP10632-2026+.DOC

Licencing and Controlling places of Public Amusement (other

than    Cinemas)   and   Performances    (including   Melas   and

Tamashas), 1999 (“the Public Amusement Rules, 1999”), the

Respondent No.2 has suspended the licence of the Petitioner to

operate the orchestra for a period of 30 days from 15 th August,

2026.

3.     The learned Counsel for the Petitioners submits that the

Petitioners have already filed statutory appeals against the said

order alongwith an applications for stay to the impugned orders.

However, the said appeals are not taken up for hearing by

Respondent No.3.

4.     The learned AGP for Respondent Nos.1 to 3-State submits

that the Respondent No.3 will decide the appeals expeditiously

and as the statutory remedy of appeal has already been invoked,

this Court may not entertain the Petitions at this stage.

5.     Since the impugned order is passed on 12th August, 2026

and the performance licence to operate the orchestra has been

suspended for a period of 30 days from 15 th August, 2026, if the

appeal is not expeditiously heard, the statutory remedy of

appeal would be rendered nugatory. In a case of the present

nature, when the statute provides for an appellate remedy and

the period of suspension is short one, there is a clear and

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present risk of the appellate remedy being rendered infructuous

by the sheer passage of time if the appeal is not expeditiously

heard.

6.     In the aforesaid view of the matter, this Court is inclined

to direct the Appellate Authority to hear and decide the appeals

expeditiously and, if it is not possible to hear the appeals finally,

hear the applications for stay to the orders passed by the

Competent Authority within a period of four weeks, and, in the

meanwhile, grant limited interim relief.

7.     The Writ Petitions, thus, stand disposed with the following

directions :

(i)      The Appellate Authority – Respondent No.3 is directed to

         hear and decide the appeals preferred by the Petitioners,

         as expeditiously as possible, and if it is not possible to

         hear the appeals finally, hear the applications for stay to

         the execution and operation of the impugned orders

         passed by the Competent Authority within a period of

         four weeks from 24th August, 2026.

(ii)     The   Petitioners   shall    appear   before   the   Appellate

         Authority on 24th August, 2026.




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(iii)   In the meanwhile, the execution and operation of the

        impugned orders shall remain stayed for a period of six

        weeks.

                                         [N. J. JAMADAR, J.]




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