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Bombay High Court

SAMUDRA BAR AND RESTAURANTversusSTATE OF MAHARASHTRA THR OFFICE OF GOVT PLEADER AD ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is not maintainable as the statutory remedy has been invoked, but the Court directs an expeditious hearing of the appeal.

Summary

The petitioner, M/s. Samudra Bar and Restaurant, challenged an order dated 3 September 2026 by the Deputy Commissioner of Police, Brihanmumbai, which cancelled its entertainment licence to operate an orchestra under Rules 238 and 239 of the Entertainment Rules, 1960. The petitioner argued that it had already filed an appeal before the designated Appellate Authority and therefore sought a stay of the cancellation pending that appeal. The Court held that because a statutory remedy was available and had been invoked, the writ petition was not maintainable, but it was in the interest of justice to ensure the appeal was decided expeditiously. Accordingly, the petition was disposed of, with a direction to the respondent to decide the appeal within four weeks and for the petitioner to appear before the Appellate Authority on 28 September 2026.

Issues considered

  • Whether a writ petition is maintainable when the petitioner has invoked the statutory remedy under the Entertainment Rules, 1960.
  • Whether a stay of the licence cancellation order is warranted pending the decision of the appeal before the Appellate Authority.

Legislation cited

  • Entertainment Rules, 1960 — s. Rule 238, Rule 239

Subjects

  • entertainment licence
  • cancellation
  • statutory remedy
  • writ petition
  • stay of order
  • appellate authority
  • Bombay High Court

Judgment

                                                                                   43 wp 12494 of 2026.doc

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO.12494 OF 2026

                      M/s. Samudra Bar and Restaurant                     ...   Petitioner
                            versus
                      State of Maharashtra and Ors.                       …     Respondents

                      Mr. R.D.Soni with Ms. Sujay Gawade, Ms. Mudita Pawar, Ms. Mihika Save
                      i/by Shree and Co., for Petitioner.
                      Mr. P.G.Sawant, AGP for State.

                                         CORAM:       N.J.JAMADAR, J.

                                         DATE :       21 SEPTEMBER 2026

                      P.C.

                      1.     Heard the learned Counsel for the parties.

                      2.     The challenge in this petition is to an order dated 3 September 2026

                      passed by the Deputy Commissioner of Police, Brihanmumbai, thereby
SWAROOP
SHARAD
PHADKE                cancelling the entertainment licence of the Petitioner to operate an Orchestra
Digitally signed by
SWAROOP
SHARAD PHADKE
Date: 2026.09.25      in the subject premises under the provisions of Rule 238 and 239 of the
11:19:54 +0530



                      Entertainment Rules, 1960.

                      3.     Mr. Soni, learned Counsel for the Petitioner submits that, the Petitioner

                      has availed the statutory remedy by filing an appeal before the Appellate

                      Authority. However, in the intervening period, the execution and operation of

                      the impugned order deserves to be stayed.

                      4.     As the Petitioner has already invoked the statutory remedy, there is no

                      propriety in entertaining this Petition. However, it may be expedient in the


                      SSP                                                                    1/2
                                                             43 wp 12494 of 2026.doc

interest of justice that the said appeal is decided as expeditiously as possible.

5.    Hence, the Writ Petition stands disposed with a request to the

Respondent No.2 to decide the appeal filed by the Petitioner, as expeditiously

as possible and, preferably, within a period of four weeks from the

appearance of the Petitioner before the Appellate Authority.

6.    The Petitioner shall appear before the Appellate Authority on 28

September 2026.



                                                   ( N.J.JAMADAR, J. )




SSP                                                                  2/2


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