Dhulabhai Nanjibhai Marwadi & 26 vs Vadodara Municipal Corporation & on 15 October, 2014

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Gujarat High Court

Dhulabhai Nanjibhai Marwadi & 26 vs Vadodara Municipal Corporation & on 15 October, 2014

Bench: R.M.Chhaya

     C/SCA/11868/2014                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



           SPECIAL CIVIL APPLICATION NO. 11868 of 2014

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       DHULABHAI NANJIBHAI MARWADI & 26....Petitioner(s)
                          Versus
     VADODARA MUNICIPAL CORPORATION & 1....Respondent(s)
================================================================
Appearance:
MR NK MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1-27
MR MAULIK G NANAVATI, ADVOCATE for the Respondent(s) No. 1-2
================================================================

       CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                         Date : 15/10/2014


                           ORAL ORDER

1. Heard Mr. N.K. Majmudar, learned advocate for the petitioners and Mr. M.G. Nanavati, learned AGP for the respondentCorporation.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: "A) admit this petition;

B) issue appropriate writ, order or direction and be pleased to quash and set aside the illegal, arbitrary action of the respondent authorities of not permitting the petitioners to Page 1 of 4 C/SCA/11868/2014 ORDER do their lawful petty business of selling eatables or selling toys through Khumchas or by sitting on carpet or Tadpatri, mat on the common plot situated nearby the various gates of Kamatibaug area on University road and the action of the respondent authorities of not permitting to do the business to the petitioners may b quashed and set aside;

C) issue appropriate writ, order or direction upon the concerned respondent authorities to permit the petitioners to do their petty business of selling eatables/having Tea stalls/selling toys through their Khumchas or by sitting on common plot near various gates/entrances of Kamatibaug situated within Vadodara Municipal Corporation and the respondents be directed to permit the petitioners to do their petty business on such terms and conditions which the petitioners shall abide by;

D) issue appropriate writ, order or direction and be pleased to direct the respondent authorities to take appropriate decision for earmarking various areas as hawking zone and further be pleased to direct the respondent authorities to permit the petitioners to do their business in hawking zone including Kamatibaug;

E) grant interim relief and by way of interim order restrain the respondent authorities from causing disturbance, harassment to the petitioners from doing petty business of selling eatables near Gate Nos.1 to 4 in Kamatabaug area;

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F) pending admission and final hearing of the petition, the respondents be restrained from interfering with the lawful business activity carriedout by the petitioners;

G) pass such orders as thought fit in the interest of justice."

3. Considering the contentions raised by the petitioners, it appears that the petitioners are engaged in the business of selling eatables and toys by standing on the road. As far as the prayers prayed for are concerned, the only direction which can be issued to the respondents is that the respondents shall consider the case of the petitioners for accommodating them to carry out their business in any of the hawking zone within the city of Vadodara. It is further clarified that the respondent Corporation shall accommodate them in the nearest possible hawking zone.

4. With these observations, this petition is disposed of. Notice discharged. Direct service is permitted.

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(R.M.CHHAYA, J.) mrp Page 4 of 4

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