← Library
Bombay High CourtWP/8600/2013disposed offdismissed for default

Shafiya Begum Abdul Qadir v. The State Of Maharashtra And Another

2016-07-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane2 pages

1 WP-8600.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8600 OF 2013 Shafiya Begum W/o Abdul Qadir ...PETITIONER versus The State of Maharashtra and another ...RESPONDENTS .....

Mr. Momin Mustafa, Advocate for petitioner Mrs.A.V. Gondhalekar, AGP for respondents .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 18th JULY, 2016.

Order :-

1. Mr. Mustafa Momin, learned counsel for petitioner submits that husband of petitioner had kerosene hawkers licence. Upon death of her husband, licence was transferred in her name as retail kerosene licence. The same was without consent of the petitioner. In fact, quota for hawker's licence is more than retail licence holder. As husband of the petitioner was possessing kerosene hawker's licence, petitioner should be allotted quota as per kerosene hawker's licence. 2.

We have heard learned Assistant Government Pleader. 3.

This Court can only direct the respondents - authorities to supply the quota as per licence. However, if petitioner has grievance with regard to transfer of the licence in her name as retail kerosene licence instead of kerosene hawker's licence and that she should get quota as

2 WP-8600.13 per hawkers licence then petitioner shall make application to the respondent - authority and respondent - authority concerned shall take decision upon said application, as expeditiously as possible, preferably within six months from the date of this order on its merits and in accordance with law.

4.

With aforesaid directions, writ petition stands disposed of. No costs.

Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK