Bombay High CourtWP/1777/2019disposed off

Anwar Ahmed v. The Commissioner Municipal Corporation For Greater And 3 ORS.

2022-11-21Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Justice Shri Arif S. Doctor2 pages

26.1777.19-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.11.22 10:52:14 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 1777 OF 2019 Anwar Zameer Ahmad ..... Petitioner Vs.

The Commissioner, Municipal Corporation of Greater Mumbai & Ors.

..... Respondents Mrs. Shivani Kunder for the Petitioner Mrs. Vandana Mahadik for the Municipal Corporation

CORAM:

S.V.GANGAPURWALA & ARIF S DOCTOR, JJ.

DATED :

NOVEMBER 21, 2022 P.C.

The learned Counsel for the Petitioner submits that the Petitioner is a member of an Association viz. Sainath Market Fish Welfare Association, Mumbai. The Petitioner is one of the fish vendor licensees out of 23 wholesale fish broker licensees of Respondent No.3 market. The Petitioner is a licensee for more than 20 years and running his fishery business. The notice / communication was issued to the Petitioner on 14th November 2018 directing the Petitioner to pay premium of Rs.1,80,000/- (Rs. One Lac Eighty Thousand only) and six months' rent in advance amounting to Rs.9000/- (Rs. Nine Thousand only). The Petitioner deposited the said amount. The learned Counsel submits that the Petitioner has also given a bond of Rs.200/-, as is directed. However, Basavraj 1/2

26.1777.19-wp.docx the Municipal Corporation, in tune with the terms of the said communication dated 14th November 2018 has not demarcated the area to be allotted to the Petitioner nor any allotment order is issued to the Petitioner.

The Petitioner has, time and again, approached the Municipal Corporation by filing representations and Applications, but to no avail.

It is submitted that the Petitioner, under the said communication, is allotted 150 sq.ft. of land and the premises is known as premises No.10, but no further letter has been issued to the Petitioner. Necessary correspondence has been made but to no avail.

Mrs. Vandana Mahadik, the learned Counsel appears for Respondent Nos.1 to 4.

In case the Application (page No.38) is filed by the Petitioner and pending with Respondent No.4, then Respondent No.4 shall take decision upon the same on merits in accordance with law, expeditiously and preferably within three months. The Writ Petition is accordingly disposed of. No costs. (ARIF S DOCTOR,J.) (S.V. GANGAPURWALA, J.) Basavraj 2/2