Shri. Tukaram Bahiru Shinde v. Pune Municipal Corporation And ANR.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5148 OF 2016 Tukaram Bahiru Shinde ...

Petitioner Vs.

Pune Municipal Corporation, Pune & Anr.

...

Respondents Mr. R.C. Barge for the Petitioner.

Mr. A.P. Kulkarni for the Respondents-Municipal Corporation. CORAM : NARESH H. PATIL & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 10 TH APRIL 2017.

P.C. :

1.

Heard Mr. Barge, learned counsel for the Petitioner and Mr. Kulkarni, learned counsel for the Respondents-Municipal Corporation.

2.

Learned counsel for the Petitioner submits that, the Petitioner has filed an application for permission to run a stall with the Respondent-Pune Municipal Corporation.

3.

Without expressing any opinion, we observe that, in case such an application is received, the same be dealt with strictly in accordance with law and on its own merits.

WP-5148-16.doc

4.

The counsel for the Respondent-Municipal Corporation submits that the Judgment delivered by the Hon'ble Apex Court in the case of Maharashtra Ekta Hawkers Union & Anr. Vs. Municipal Corporation of Greater Mumbai & Ors., [ Civil Appeal Nos.4156-4157 of 2002; Date of Judgment : 9th September 2013 ], shall also be taken into consideration while deciding the application of the Petitioner. 5.

The Respondent-Municipal Corporation to take appropriate decision, in accordance with law, on the Petitioner's application within a period of four weeks from the date of receipt of a copy of this order. The decision to be taken on the Petitioner's application be communicated to the Petitioner.

6.

Learned counsel for the Respondent-Municipal Corporation to communicate this order to the Municipal Authority. 7.

Petition is disposed of.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [NARESH H. PATIL, J.] WP-5148-16.doc