Shweta Arun Sathe v. The Bombay Municipal Corporation

14-WP-3772-2025-(OS).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SUNNY ANKUSHRAO THOTE Date: 2025.11.13 10:20:12 +0530 SUNNY ANKUSHRAO THOTE ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3772 OF 2025 Shweta Arun Sathe & Anr.

...Petitioners

Versus

The Bombay Municipal Corporation & Ors.

...Respondents

Mr. Mohit Jadhav a/w Ms.Kajal Chaurasia, Ms. Manish Shirke & Ms. Khushboo Singh, Advocate for the Petitioners. Adv. K.H. Mastakar i/by Ms. Komal Punjabi for Respondent Nos.1 to 3/BMC.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 11th NOVEMBER, 2025 P.C. :- 1.

The learned Advocate for the Petitioners has canvassed on the basis of the pleadings that the Corporation has acted highhandedly and installed Iron Sheets at the frontage of Shop No.5 belonging to the Petitioner No.1, thereby practically obstructing her daily earning and livelihood.

2.

Petitioner no. 1 is 78 years of age. She was the Head of the Department of Vocational Education and Training of M.M.P. Shah Women's College at Matunga. She has acquired her Ph.D. At the ripe age of 78 years, she resorted to earning through a shop. The Corporation has wrongly measured her shop and has installed Iron SUNNY THOTE

14-WP-3772-2025-(OS).odt Sheets, thereby practically shutting down her shop. She has tendered representations through her Advocate dated 30th July, 2025 and 22nd August, 2025 with Respondent No.2. Petitioner No.2 is her daughter. They pray for a decision on the representations. 3.

The learned Advocate for the Corporation submits that Respondent No.2 would deal with the said representations and pass a reasoned order, within such timeline as this Court may grant. 4.

In view of the above, we direct that Respondent No.2 shall follow the due procedure laid down in law and deal with the said two representations by granting an opportunity of hearing to the Petitioners. A reasoned order shall be passed within a period of 60 days from today. If an adverse order is passed, the same shall not be effected for a period of 15 days to enable the Petitioners to avail of a remedy, as may be permissible in law.

5.

With the above directions, this Writ Petition is disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE