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2001 Supreme(Bom) 352

IN THE HIGH COURT OF BOMBAY
B.P. Singh, C.J. S. Radhakrishnan, J.
Jhunka-bhakar Kendrachalak Sanghatna others.... Petitioners.
Versus
State of Maharashtra others.... Respondents.
Writ Petition (Lodging) No. 1286, 3559, 3560, 3561, 3562, 3563, 3564, 3657, 3658, 3660 3661 of 2000, decided on 29-3-2001.
Advocates appeared :
B.P. Apte, S.G. Deshpande, in W.P. No. 1286/2000, for petitioners.
Goolam Vahanvati, A.G.P. Janardhana, A.A.G. and R.M. Sawant, G.P., in W.P. 1286/2000, for State.
Ms. R.S. Pawar, in W.P. No. 1286 of 2000, for Bombay Municipal Corporation.
B.P. Apte, R.S. Apte, in W.P. No. 3559/2000, for petitioners.
Goolam Vahanvati, N.P. Deshpande, A.G.P., in W.P. Nos. 3858/2000, 3559/2000, 3560/2000, 3561/2000, 3562, 3563, 3564, 3657, 3658, 3660 3661/2000, for respondents.
M.A. Choudhari, in W.P. No. 3560/2000, for petitioners.
Y.S. Jahagirdar with G.S. Godbole, in W.P. No. 3561/2000, for petitioners.
Y.S. Jahagirdar, B.D. Joshi, in W.P. No. 3562/2000, 3563/2000, 3564, 3657, 3660 and 3661/2000, for petitioners.
Nitin V. Pradhan, Ms. S.D. Khot, in W.P. No. 3563/2000, for petitioners.
A.S. Khandeparkar, in W.P. No. 3658/2000, for petitioners.

Headnote:CONSTITUTION OF INDIA, 1950Article 19 (1)(g) and (2)- Fundamental right of carrying business- For the purpose of determination of the fact whether the restrictions imposed on carrying on business were reasonable restriction or not, it is to be determined in an objective manner looking to the interest of general public and not from the stand point of interest of the persons upon whom the restrictions are imposed or upon abstract consideration.

Judgment

B.P. SINGH, C.J.:---In this batch of writ petitions, the petitioners have impugned Government Resolution dated 27th June, 2000, whereby the Zhunka Bhakar Scheme implemented in the State since 1st May, 1995 was closed down completely, taking into consideration the working of the scheme, which appears to have failed to achieve its objective. The petitioners have also impugned another Government Resolution of the same date, whereby the Government issued instructions regarding taking possession of the Zhunka Bhakar Centres after closure of the scheme. Writ Petition (Lodging) No. 1286 of 2000 was filed on 19th June, 2000, even before the impugned Government Resolution dated 27th June, 2000 was issued, since the petitioners had come to know from press reports, etc. that the Government was contemplating closure of the scheme. Subsequently, the petitioners sought leave to amend the writ petition and challenged the aforesaid Government Resolution after the closure of the scheme and the instructions issued pursuant thereto. Petitioner No. 1 in the aforesaid writ petition is an Association of the owner of the Zhunka Bhakar Centres of Mumbai, while the other petitioners are owners of Zhunka Bhakar Centres in Mumbai. The petitioners in the other writ petitions are owners of Zhunka Bhakar Centres of Mumbai as well as owners of Zhunka Bhakar Centres in the other parts of the State.

The representative facts are taken from Writ Petition (Lodging) No. 1286 of 2000.

2. It appears that the Government of Maharashtra was considering a scheme, whereunder the common man in the State of Maharashtra could be provided his staple food 'Zhunka Bhakar' at an affordable price, so that the poorer section of the population could avail of this benefit and enjoy Zhunka Bhakar at a cheap price. Zhunka Bhakar is considered to be the common man's food in the State of Maharashtra, and it was envisaged that they would be provided at a cheap price two Bhakaris of Jawar of 50 gm. and one bowl of Zhunka. With this objective in view, the Government of Maharashtra had issued Government Resolution on April 27, 1995, declaring its decision to implement this scheme in the entire State from May 1, 1995. At all the centres run under the scheme, two Bhakaris of Jowar of 50 gm. and one bowl of Zhunka was to be made available to Re. 1.00 only. The scheme was to be implemented at two levels, viz. the urban areas and the rural areas. In the first phase, 2,000 Zhunka Bhakar Centres were to be set up in the State, out of which 1,000 centres were to be set up in areas coming under Municipal Corporations and Municipalities, while the remaining 1,000 centres were to be located in the rural areas. The District Collectors were to supervise the scheme in their respective Districts and Zhunka Bhakar Centres were to be set up in sufficient numbers, keeping in view the need of the people. The scheme envisaged that the centres will be located at places visited by poorer section of the society and the labour class such as District Hospitals, Maharashtra, S.T. Depots and Stands, near railway stations, market yards, etc. Places for running such centres were to be given to stall holders. For running the stalls, preference was to be given to local Mahila Mandals, local voluntary organisations and the educated unemployed. Committees were set up under the chairmanship of District Collectors who were to allot such stalls to registered Mahila Mandals and voluntary organisations. The Committee was to ensure that the allottees had the capacity to run the centres themselves or under their supervision through the employees appointed by them. It was further envisaged that at the Zhunka Bhakar Centres set up in the areas coming under the Municipal Corporations/Municipalities, other items of refreshment, including cold drinks, tea, coffee, etc., could also be sold. However, these stalls were to be run primarily as Zhunka Bhakar Centres. The owners of the stalls were required to seek permission of the
























































































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