(1) RULE.
Mr.Alkesh N. Shah, learned advocate appears and waive service of rule on behalf of respondent Nos.1 to 3. With consent of the parties, the petition is taken up for final disposal today.
(2) Heard Mr.Apurva A. Dave, learned advocate for the petitioner, and Mr.Alkesh N. Shah, learned advocate for respondent Nos.1 to 3.
(3) By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
"(A) Your Lordship be pleased to issue a writ of mandamus or any other writ, direction or order in the nature of mandamus for quashing and setting aside the impugned order dated 24.05.2011 annexed at Annexure E to the petition and restrain the Respondents from creating any obstructions or hindrance in carrying on his business/occupation of selling RO Water in Plastic Jugs.
(B) Your Lordship be pleased to direct the Respondents to decide the Petitioner's application dated 21.10.2011 for grant of licence as expeditiously as possible after giving a reasonable opportunity of being heard to the petitioner and after furnishing the copies of objections against the grant of licence by the Health Department to the petitioner and after following the principles of natural justice.
(C) Your Lordship be pleased to direct the Respondents to grant licence to the petitioner pursuant to the petitioner's application dated 21.10.2011 annexed at Annexure H Colly to the petition.
(E) Pending admission hearing and final disposal of this petition Your Lordship be pleased to stay the operation, implementation and execution of the order dated 24.5.2011 annexed at Annexure E to the petition and direct the Respondents to permit the petitioner to carry on his trade/business/ occupation as the business of selling RO water is not hazardous to the life or property or health of any person or property.
(F) xxx xxx xxx"
(4) Mr.Shah, learned advocate for the respondents, on instructions, has made a statement that the objections filed by the petitioner shall be considered within a period of 02 (two) months after affording an opportunity of being heard to the petitioner. It was further stated that it would be appropriate to ask the petitioner to file a further detailed representation so that the issue involved in the present petition can be considered by the respondent authorities properly.
(5) Considering the aforesaid statement, interest of justice would be served if the following directions are issued:
(i) The petitioner shall file a further representation to the respondent authorities as early as possible, latest by 31.07.2012;
(ii) The respondent authorities shall consider the representation so filed along with the earlier application filed by the petitioner within a period of 02 (two) months from the date of receipt of such representation, after giving an opportunity of being heard to the petitioner.
(6) With these observations, the petition is disposed of accordingly. Rule is made absolute to the aforesaid extent only. There shall be no order as to costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top