Created by Fuzzy Cloud

Bombay High Court

M/S. SHASHWAT FAMILY RESTAURANT AND BAR THR. ITS PROPR. SUKHALATA B. SHETTYversusTHE STATE OF MAHARASHTRA THR. G. P. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court declined to entertain the writ petitions while the statutory appeals were pending, directing the Appellate Authority to decide the appeals and any stay applications expeditiously.

Summary

Several restaurant licensees filed writ petitions challenging the State of Maharashtra's orders cancelling their licences. The petitioners had already filed statutory appeals against the cancellation orders before the designated Appellate Authority. The High Court held that it would not entertain the writ petitions while those appeals were pending, emphasizing the primacy of the statutory remedy. However, the Court directed the Appellate Authority to hear and decide the pending appeals as expeditiously as possible, preferably within four weeks from 21 September 2026, and to decide any stay applications within two weeks if the appeals could not be concluded. The petitioners were ordered to appear before the Appellate Authority on 21 September 2026, and the writ petitions were disposed.

Issues considered

  • Whether a High Court can entertain writ petitions challenging licence cancellation when a statutory appeal against the same orders is pending before the Appellate Authority
  • Whether the Court can direct the Appellate Authority to expedite hearing of the pending appeals and stay applications

Subjects

  • licence cancellation
  • statutory appeal
  • writ petition
  • stay order
  • appellate authority
  • expeditious hearing

Judgment

                                                                         13 WP-12201-26.DOC

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 12201 OF 2026

                      M/s. Shashwat Family Restaurant & Bar                ..Petitioner

                              Versus

                      The State of Maharashtra & ors.                 …Respondents

                                                    WITH
                                       WRIT PETITION NO. 12356 OF 2026

                      M/s. Star Night Restaurant & Bar                     ..Petitioner

                              Versus

                      The State of Maharashtra & ors.                 …Respondents

                                                    WITH
                                       WRIT PETITION NO. 12357 OF 2026

                      M/s. Hotel Golden Night Bar & Restaurant             ..Petitioner

                              Versus

                      The State of Maharashtra & ors.                 …Respondents

                                                    WITH
                                       WRIT PETITION NO. 12355 OF 2026
SAINATH
SANJAY
BODKHE
Digitally signed by
SAINATH SANJAY
                      M/s. Bindas Bar & Restaurant                         ..Petitioner
BODKHE
Date: 2026.09.19
17:12:34 +0530




                              Versus

                      The State of Maharashtra & ors.                 …Respondents

                      Mr. Veerendra Tulzapurkar, Senior Advocate, a/w Mr. R D
                           Soni, Mr. Sujay Gawade, Ms. Mudita Pawar, ms. Mihika
                           Save, i/b Shree & Co., for the Petitioners.

                      Mr. P G Sawant, AGP for Respondent – State in
                            WP/12201/2026 & WP/12356/2026.
                      SAINATH, PA                       1/3
                                                     13 WP-12201-26.DOC

Smt. Mamta S Srivastava, AGP for Respondent – State in
     WP/12357/2026 & WP/12355/2026.


                           CORAM :       N. J. JAMADAR, J.
                           DATE    :     18th SEPTEMBER 2026

P.C.:

1.      Heard the learned Counsel for the parties.

2.      Since the petitioners have already invoked the statutory

remedy of appeal against the orders cancelling the licence, this

Court is not inclined to entertain the petitions while the appeals

are pending before the Appellate Authority.

3.      However, since the term of licence, according to the

petitioners, is deemed to have been renewed till 31 st December,

2026, and it is the grievance of the petitioners that, the

applications for stay to the execution and operation of the

cancellation orders are not being heard by the Appellate

Authority, expeditiously, the Appellate Authority is directed to

hear and decide the appeals as expeditiously as possible and,

preferably, within a period of four weeks from 21 st September,

2026, and, if it is not possible to hear the appeals finally, the

Appellate Authority shall decide the applications for stay, within

a period of two weeks from 21st September, 2026.




SAINATH, PA                        2/3
                                                    13 WP-12201-26.DOC

4.      The petitioners shall appear before the Appellate Authority

on 21st September, 2026.

5.      The Writ Petitions stand disposed.


                                         [N. J. JAMADAR, J.]




SAINATH, PA                        3/3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.