The petitioner has prayed to issue writ of mandamus or any other appropriate writ or order directing the respondents-authorities to transfer the place of business of the petitioner from village Dedarda to Borsad in licence which is produced at Annexure-B to the petition by means of filing this petition under Article 226 of the Constitution.
From the averments made in the application it is evident that the petitioner has made application dated July 31,1996 to permit him to change place of business. As averred by the petitioner, Mamlatdar has recommended change as desired by the petitioner,but the application is not decided by the respondent no.1. As the matter is pending for consideration before respondent no.1,prayer made in the petition cannot be granted. However, I am of the view that interest of justice would be served if respondent no.2 is directed to consider the application dated July 31,1996 submitted by the petitioner on merits within stipulated time.
For the foregoing reasons, respondent no.2 is directed to decide the application dated July 31,1996 submitted by the petitioner on merits as early as possible and preferably within one month from the date of receipt of writ. Office is directed to send copy of writ to respondent no.2 immediately.It would also be open to the petitioner to produce a copy of the order before respondent no.2 for necessary compliance.
Subject to foregoing directions, petition fails and is dismissed. Notice is discharged, with no order as to costs.
February 14,1997(J.M.Panchal,J.)