Writ petition regarding cancelled stall licenses. Court disposed of the petition to allow fresh applications for license renewal subject to statutory timelines by the Corporation.
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.
13. os wpl 742-18.doc
R.M. AMBERKAR (Pvt. Secretary)
Digitally signed Ravindra by RavindraMohan Mohan Amberkar Amberkar Date:2018.09.06 11:05:47 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J.
WRIT PETITION (L) NO. 742 OF 2018
Meena Narendrar Thakker & Ors. .. Petitioners
Versus
Senior Inspector (Licence) & Ors.
.. Respondents
CORAM : NARESH H. PATIL, ACTING C.J. &
G. S. KULKARNI, J.
DATE : SEPTEMBER 5, 2018.
P.C.:
1. Learned counsel for the petitioners has drawn our
attention to the show cause notice dated 24.4.2017 issued
by the Corporation which is at page 32 to the petition.
2. Learned counsel for the petitioners claims that the
hawkers are carrying out their activities since 1989.
3. Paragraph 12 of the afÏdavit-in-reply filed by the
Corporation reads thus:-
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13. os wpl 742-18.doc
“ 12. I say that before issuing revocation / cancellation letter to the license holder i.e the petitioners, the petitioners themselves removed their stalls. I say that the petitioners had not taken fire prevention measures and hence a fire took place on 30.01.2018 and the stalls under reference were gutted down under fire and therefore, petitioners / stall holders submitted a letter dated 01.02.2018 to the concerned license department to give repair permission to their stall under reference. As the license were already cancelled, no such repair permission was given. I say that during the pendency of repair permission, petitioners again submitted a letter with a request to accept the license fee and restore the licenses. The copy of the repair permission letter dated 01.02.2018 and copy of restoration application dated 07.02.2018 is annexed herewith as Exhibit “F'G”. Under the guise of repairs (without any permission) the petitioners has reconstructed, installed totally new stalls unauthorizedly.”
4. Learned counsel for the petitioners has placed on
record copy of fresh application made by petitioner No. 3 to the Corporation for renewal of licence. Learned counsel further submits that within two weeks, fresh applications for
renewal of licenses will be filed on behalf of all the petitioners. If such applications are filed, the Corporation to deal with those applications and to take decision thereon in accordance with law within three weeks time.
5. In view of the above, the petition is disposed of.
[ G.S. KULKARNI, J ] [ ACTING CHIEF JUSTICE ]
2 of 2
Meena Narendrar Thakker & Ors.
Senior Inspector (Licence) & Ors.
NARESH H. PATIL
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
