Anis Mehboob Qureshi v. Vasai Virar Municipal Corporation Thr Municipal Commissioner

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16956 OF 2024 Anis Mehboob Qureshi ... Petitioner.

V/s.

Vasai Virar Municipal Corporation ... Respondent.

Mr. Drupad S. Patil, a/w Adv. Namitkumar S. Pansare for the Petitioner. None for the Respondent.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 4th February 2025.

Digitally signed by ASHWINI GAJAKOSH Date:

2025.02.11 14:28:40 +0530 ASHWINI GAJAKOSH P.C.:- 1) By the present Petition filed under Article 226 and 227 of the Constitution of India, the Petitioner has prayed for issuance of Writ of Certiorari to set aside the communication dated 27th September, 2024 by the Respondent. By this letter, the Petitioner's license to sell meat/beef from the shop was revoked as it violated Condition No.18 mentioned in License No.26.

2) Heard Advocate Patil for the Petitioner and perused the record. Although there is no specific pleading in the Petition, Mr. Patil submitted that by revocation of Petitioner's License to sell of meat/beef from the shop, violates his right under Article 19(1)(g) and leaves him with no other 1/3

option has to approach this Court.

3) It is pertinent to note that Article 19(6) of the Constitution of India permits the State to impose reasonable restrictions on the exercise of the rights conferred by sub-clause (g) of Article 19. 4) Perusal of record indicates that due to the storage of beef by the Petitioner in his shop, a bad odour emanates, troubling and inconveniencing the residents of adjoining houses, including one Mozam Sajjad Mulla, who made a complaint with the Corporation. During the enquiry into the complaint, it was noticed by the officers of Respondent that the Petitioner's shop is situated within a 50 meter radius from the 'Masjid', a religious place. For these reasons, the Respondents revoked the Petitioner's license.

5) A bare reading of the conditions of license, particularly Condition No.18 reveals that, if the license issued in favour of Petitioner is revoked for any reason, it is mandatory for the licensee to stop sale of meat/beef with immediate effect.

6) The registration certificate issued by the Shops and Establishments Inspector of Respondent Corporation under the Bombay Shops and Establishments Act, 1948, specifies that it is only the registration certificate of the Petitioner's shop and it does not bestow any authority to conduct the business of selling meat/beef from the said shop. The registration certificate itself reveals that the mere issuance of the 2/3

registration certificate does not confer any right or authority in favour of the license possessor.

7) After perusing the record, we are of the considered view that the Respondent has not committed any error or illegality in issuing the communication dated 27th September, 2024. The revocation of license has not violated any fundamental right of Petitioner under Article 19(1)(g) of the Constitution.

8) As noted earlier, the license granted to the Petitioner to sell meat/beef within 50 meters of the Masjid - a religious place -was illegal. The Petitioner, therefore, cannot claim breach of any fundamental right due to the revocation of his license at that place, even though it was against the basic provisions of law or the rules framed thereunder. 9) In view of the above, we find no merits in the Petition. Petition is accordingly dismissed.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) 3/3