On a petition challenging a merit-based decision regarding shop allocation, this Court dismissed the writ petition holding that a shop on leave and license basis was authorized and preferred over the petitioner's distant proposed location.
Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7896 OF 2006
Smt. Moonadevi C. Gupta
...Petitioner
Versus
State of Maharashtra and others ...Respondents
Mr. M.V. Aiya for the petitioner.
Mr. V.P. Malvankar, Assistant Government Pleader, for respondent Nos. 1 to 3.
CORAM : H.S. BEDI, C.J., &
DR. D.Y. CHANDRACHUD, J. DATE: DECEMBER 04, 2006 .
P.C.
We have heard the learned counsel for the parties.
appended at Exhibit-E to the petition. We also find that the proposed shop of the petitioner is 1.5 to 2 kilometres away from the notified area whereas the premises of respondent No.4 is within the notified area and convenient to the cardholders. The writ petition is accordingly dismissed.
CHIEF JUSTICE
DR. D.Y. CHANDRACHUD, J.
2 issues framed by the court
Whether a shop authorized under Reg. 25th March 1994, could be excluded from appraisal.
Whether the petitioner's shop location justified excluding a competitor's authorized shop.
1 provisions across 1 enactments
Smt. Moonadevi C. Gupta
State of Maharashtra
H.S. BEDI
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
