Bombay High Court
M/S. BINDAS BAR AND RESTAURANT THR. ITS PROPRIETOR BABURAO T. MHATREversusTHE STATE OF MAHARASHTRA THR. G. P. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court declined to entertain the writ petitions while the statutory appeals were pending, directing the Appellate Authority to decide the matters expeditiously.
Summary
The petitioners, a group of restaurant and bar licensees, filed writ petitions challenging the cancellation of their licences by the State of Maharashtra. The State had already issued orders cancelling the licences, and the petitioners had filed statutory appeals against those orders before the designated Appellate Authority. The High Court observed that since the statutory remedy of appeal was pending, it would not entertain the writ petitions. However, the petitioners argued that the licence term was deemed renewed until 31 December 2026 and that the Appellate Authority was not hearing their applications for stay expeditiously. The Court directed the Appellate Authority to hear and decide the pending appeals within four weeks of 21 September 2026, or at least decide the stay applications within two weeks, and ordered the petitioners to appear on 21 September 2026. Consequently, the writ petitions were disposed of without further hearing.
Issues considered
- The Court's jurisdiction to entertain writ petitions when a statutory appeal against the same order is pending before the Appellate Authority.
Subjects
- licence cancellation
- statutory appeal
- writ petition
- stay of execution
- Maharashtra
- Appellate Authority
- high court jurisdiction
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
M/s. Bindas Bar & Restaurant ..Petitioner
SANJAY
BODKHE
Digitally signed by
SAINATH SANJAY
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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