(1.) THE petitioner in this writ petition has sought for a writ of mandamus to the respondent No. 1 directing him to consider the I.A. fled by him in PraAaBe/BGM/ ENT/AP -8/2010 -II dated 20.06.2011. The learned counsel appearing for the petitioner submits that, he has been running a Cinema Theatre "Han's Talkies" at Belgaum by obtaining the land on lease basis from respondent No. 3 since 1940. The petitioner filed an application on 14.10.2009 seeking renewal of licence for a period of 3 years from 01.01.2010 to 31.12.2012. In the meanwhile, the Deputy Commissioner has passed an order dated 01.06.2011 keeping the licence under suspension. Aggrieved by the said order, he preferred an appeal before respondent No. 1 Regional Commissioner. Belgaum Division, Belgaum. In the said appeal, he has made an application for stay of the said suspension order dated 01.06.2011 passed by the Deputy Commissioner which is prod need at Annexure - A to the petition.
(2.) LEARNED AGA appearing for respondent Nos. 1 and 2 fairly submits that, whenever a statutory appeal is filed before an authority constituted under the Act, the authority owes a duty to consider the appeal particularly the stay application and should pass appropriate order. Me also submits that, he will definitely instruct respondent No. 1 to consider the said stay application, said to have been filed by the petitioner in his appeal on the next date of hearing itself and pass appropriate orders. His submission is placed on record.
(3.) IT is to be noted that, whenever there is an appeal by a citizen before a statutory body constituted under an Act, the authority owes a duty to consider the said appeal and dispose1 of the same in accordance with law, particularly when an application is made in such an appeal or revision as the case may be seeking stay of the order impugned in the appeal or revision and if the same is not considered by statutory body functioning as quash judicial authority, the very purpose of filing of appeal or revision will be defeated and the said position of law is covered by a Judgment of this Court.