Bombay High Court
ASHOK SANJEEV SHETTYversusTHE STAE OF MAHARASHTRA THRO. HOME DEPARTMENT
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
Holding
The suspension order must be stayed pending a prompt hearing of the appeal, and the appellate authority must decide the appeal within two months.
Summary
The petitioner, Ashok Sanjeev Shetty, challenged an order dated 27 January 2026 that suspended his entertainment licence for operating an orchestra for 15 days, effective from 29 January 2026. He argued that he had filed an appeal on the same day, but the appellate authority had not yet heard it, rendering the suspension ineffective if not stayed. The Court noted that the short duration of the suspension would defeat the purpose of the appeal unless the order was stayed. Accordingly, the Court directed the appellate authority to hear and decide the appeal within two months, preferably by 16 February 2026. In the interim, the suspension order was stayed, and the writ petition was disposed.
Issues considered
- What is the appropriate remedy when a suspension order is short‑term and an appeal has not been heard?
- Should the suspension order be stayed pending hearing of the appeal?
Subjects
- entertainment licence
- suspension
- appellate remedy
- stay of order
- writ petition
- expeditious hearing
Judgment
46 wp 1526 of 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1526 OF 2026
Ashok Sanjeev Shetty ... Petitioner
versus
The State of Maharashtra and Ors. … Respondents
Mr. M.V.Holamagi with Mr. Sujit Holamagi, for Petitioner.
Mrs. M.S.Srivastava, AGP for State.
CORAM: N.J.JAMADAR, J.
DATE : 2 FEBRUARY 2026
P.C.
1. Heard the learned Counsel for the parties.
2. The challenge in this Petition is to an order dated 27 January 2026,
Digitally
signed by
whereby the entertainment licence granted to the Petitioner to operate an
SWAROOP
SWAROOP SHARAD
SHARAD PHADKE
PHADKE Date:
2026.02.03
16:10:36
orchestra has been suspended for a period of 15 days from 29 January 2026.
+0530
3. Learned Counsel for the petitioner submits that on 29 January 2026
itself, the Petitioner has filed an appeal before the appellate authority.
However, the appeal has not been heard. As the order of suspension is for a
term of 15 days only, if the appeal preferred by the Petitioner is not heard
before the said period expires, the appellate remedy would be rendered
infructous.
4. Thus, the Writ Petition stands disposed with a direction to the appellate
authority to hear and decide the appeal filed by the Petitioner, as
expeditiously as possible and preferably within a period of two months from
SSP 1/2
46 wp 1526 of 2026.doc
16 February 2026.
5. In the meanwhile, the execution and operation of the order dated 27
January 2026 shall remain stayed.
( N.J.JAMADAR, J. )
SSP 2/2
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