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
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