Disposed

Mrs. Sunita Balasaheb Pawar v. the State of Maharashtra through Govt. Pleader and Ors.

Bombay HC10 Aug 2016WP/4032/2016

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by a hawk seller seeking permission to conduct business on a specific road. Relying on undertaking assurances of non-obstruction, the court allowed the petitioner to continue her livelihood.

What did the court decide?

Direction to the Corporation to allow the Petitioner to do her business in the manner stated by her in her undertaking without obstruction.

Mrs. Sunita Balasaheb Pawar Vs the State of… — Service and Employment | Bombay HC (2016)

WP.4032/2016(907)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4032 OF 2016

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Mrs. Sunita Balasaheb Pawar ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents

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Mr. Makarand Kale i/b. Mr. Vidnyan Daware, Advocate for the Petitioner

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Mr. A.I. Patel, Advocate for Respondent Nos. 1 & 2 Mr. S.S. Pakale, Senior Advocate a/w. Mr. Vinod Mahadik, Advocate for Corporation

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CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ. DATED : 10^TH AUGUST, 2016

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P.C. :

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Parties through their Counsel. In view of the undertaking

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and a categorical statement made by the Petitioner that she is

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hawking at the place in question since last more than 8 to 10

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years as has been stated in the Petition also, we dispose of this

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Petition in terms of the order passed by this Court in the case of

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Shri Vile Parle Kelvani mandal and Ors. Vs. Municipal

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WP.4032/2016(907)

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Corporation of Greater Mumbai and Ors. in Writ Petition No.

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224 of 2011 dated 23^rd October, 2015 and order passed by this Court on 12^th July, 2016 in the case of Shramik Janata Feriwala

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Sanghatana and Anr. Vs. The State of Maharashtra through the Principal Secretary by recording the undertaking of the Petitioner that she will not create any obstruction on the road and footpath where she will be carrying her business and will abide by the provisions of the Street Vendors (Protection of Livelihood And Regulation Of Street Vending) Act, 2014 (for short the Act). Recording her statement that she is doing the business of selling handkerchiefs and purses and shall not obstruct the public by raising permanent structure on the place where she is doing her business by hanging a bag containing handkerchiefs and purses on her shoulder the Petition is disposed of.

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In view of the aforesaid we direct the Corporation to allow

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the Petitioner to do her business in the manner stated by her in her undertaking and they will not obstruct the Petitioner in any manner in doing her business as per the undertaking.

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WP.4032/2016(907)

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