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Aliraj vs Surat

High Court Of Gujarat|08 January, 2012

JUDGMENT / ORDER

1. This petition under Article 226 of the Constitution of India has been filed, with the following prayers :
"(A) YOUR LORDSHIPS may kindly be pleased to admit and allow this petition;
(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to forthwith decide the application dated 26.3.2010 and other subsequent applications dated 1.7.2010, 5.5.2011 and 10.6.2011 of the petitioner and permit the petitioner to run meat/chicken shop under the licence issued to the petitioner, from the new premises, i.e.Plot No.62, Vishramnagar Society,Ved Road,Surat;
(C) Any other and further relief/s as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted."
2. Briefly stated, the facts of the present case are that the petitioner is a Licensee having a licence for running a meat/chicken shop at 9, Davalsha Zupadpatti, Ved Road, Surat. As the shop of the petitioner has now been demolished due to implementation of the Town Planning Scheme, the petitioner had made applications dated 26.03.2010, 01.07.2010, 05.05.2011 and 10.06.2011 to respondent No.1-Surat Municipal Corporation for transfer of the licence to the new premises on which the petitioner proposes to open his shop, and operate his business of selling meat/chicken. The grievance of the petitioner is that none of the above-mentioned applications have been responded to, by the respondent-Corporation.
3. Mr.Abhishek M. Mehta, learned counsel for the petitioner has submitted that the petitioner is without business since April, 2010, therefore, the interest of justice would be met, if directions are issued to the respondent-Corporation to decide the applications of the petitioner at an earliest.
4. Mr.Kaushal D. Pandya, learned counsel for the respondents has submitted that the applications of the petitioner shall be decided within a period of four weeks from the date of receipt of the writ of this Court.
5. Upon the above statement being made by the learned counsel for the respective parties, the following order is passed :
Respondent No.1, Commissioner, Surat Municipal Corporation, is directed to decide the applications of the petitioner dated 26.03.2010, 01.07.2010, 05.05.2011 and 10.06.2011, within a period of four weeks from the date of receipt of the writ of this Court, in accordance with law.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top
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Title

Aliraj vs Surat

Court

High Court Of Gujarat

JudgmentDate
08 January, 2012