WP/11328/2011 of M/S. HOTEL P. K. BAR AND RESTAURANT, KOLAKHE Vs STATE OF MAHARASHTRA, THROUGH HON'BLE MINISTER, HOME AFFAIRS, HOME DEPT AND ORS on 30 December 2011

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IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION

WRIT PETITION NO.11329 OF 2011

Kinara Bar & Restaurant..PetitionerV/s.State of Maharashtra& Another..Respondents.

WITHWRIT PETITION NO.11328 OF 2011

M/s. Hotel P. K. Bar& Restaurant..PetitionerV/s.State of Maharashtra& Others...Respondents.

Mr. R. D. Soni along with Mr. Gawde i/b. M/s. Ram & Co., for the Petitioner in both the matters.Mr. V. S. Gokhale, AGP for Respondent Nos.1 to 3 in both the matters.

CORAM: M.L.TAHALIYANI & G.S.GODBOLE,J.J. (Vacation Court)

DATE : 30[th] DECEMBER, 2011.

P.C:-

1Heard the learned Advocates for the parties.

2The substantives prayers in these Petitions are identical to the prayer made in Writ Petition (L) No.2920 of 2011 filed by the Indian Hotel & Restaurant Association. Mr. Soni, however, submits that the Petitioners in these Writ Petitions were not members of the said Association.

3The Petitioners may or may not be members. However, we have already taken a view that the High Court cannot usurp the statutory power of the State Government and it is for the State Government to decide whether to exercise the said power in a given case or not.

4Hence, no interference is called for. Writ Petitions are dismissed.

(G.S.GODBOLE,J.)

(M.L.TAHALIYANI,J.)