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Bombay High CourtWP/57/2020disposed off

Vasanti Shivanna Suvarna v. Municipal Corporation Of Greater Mumbai And 2 Others

2021-07-22Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Virendrasingh Gyansingh Bisht2 pages

1/2 08-wp-57-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 57 OF 2020 Vasanti Shivanna Suvarna ...

Petitioner

Versus

Municipal Corporation of Greater Mumbai & Ors. ...

Respondents Mr. Vivek Sharma, for the Petitioner.

Ms. Oorja Dhond, for the Respondent-Corporation. CORAM : A. A. SAYED & V.G. BISHT, JJ DATED : 22nd July, 2021.

(Through VC) P.C.:

The only prayer of the Petitioner is that her representation vide letters dated 04/04/2018 and 26/06/2019 (Exh.-D Page 35 and Exh.-E Page 37 of the Petition) be decided by the Respondent-Corporation. Learned Counsel for the Petitioner pointed out that the Petitioner was earlier issued a Squatter Stall Licence which came to be revoked by the Respondent-Corporation. The Petitioner had filed Writ Petition bearing Writ Petition No.2106 of 2015 to challenge the action of the RespondentCorporation, which was dismissed by this Court. Rekha Patil 1/2

2/2 08-wp-57-2020.doc We have perused the order dated 11th September, 2015 passed in the Writ Petition No.2106 of 2015 which clearly brings out that there were certain breaches of the conditions of the Squatter Stall Licence by the Petitioner and the said licence was not renewed after 28th June, 2013.

Be that as it may, since it is pointed out that the Petitioner is a widow and has three children and that the space in respect of which the licence was issued has not been allotted to any third party so far and since the learned Counsel for the Petitioner has stated before us that the decision on the representation shall not be challenged by the Petitioner before any Court of law, in the interest of justice, we direct that the representation of the Petitioner vide letters dated 04/04/2018 and 26/06/2019 be decided by the Respondent-Corporation expeditiously. We record the statement of the learned Counsel for the Petitioner, on instructions, that the decision on the representation of the Petitioner shall not be challenged by the Petitioner before any Court, in the event the decision is not favourable to her.

The Petition to stand disposed of in the aforesaid terms. (V.G.BISHT, J.) (A. A. SAYED, J.)