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2023 Supreme(Bom) 149

A. S. CHANDURKAR, M. W. CHANDWANI
Santosh Jamunaprasad Gupta – Appellant
Versus
Municipal Corporation Of Greater Mumbai – Respondent


Advocates:
Counsel for Appearing Parties
Anil Anturkar, Advocate, Faran Khan, Advocate, Arshil Shah, Advocate, Shubham Mishar, Advocate, Smita Durve, Advocate, Rasesh Shah, Advocate, Parisha Shah, Advocate, Narendra V. Walawalkar, Advocate, Oorja Dhond, Advocate, S.K. Sonawane, Advocate, Amit Shastri, Advocate, Shardul Singh, Advocate, Sayali Sawant, Advocate, Sushma Singh, Advocate, Jagdish Kengle, Advocate

JUDGMENT

A.S. Chandurkar, J. - Rule. Rule made returnable forthwith and heard learned counsel for the parties. The challenge raised in this Writ Petition, filed under Article 226 of the Constitution of India, is to the communication dated 6th December 2022, by which the 1st respondent-Municipal Corporation of Greater Mumbai has upheld its action of cancelling the Hawking License issued to the petitioner for breach of conditions therein. A challenge is also raised to the communication dated 27th December 2022, by which the petitioner has been informed that his representation / application dated 4th July 2022 seeking permission to sell Pani-Puri, Bhel-Puri and Ragda items under the license in question has been rejected.

2. Facts that are undisputed on record are that the petitioner was issued a Hawker's License by the Municipal Corporation on 6th February 2004. The same was extended from time to time. During the course of inspection carried out by the Authorities of the Municipal Corporation, it was noticed that the petitioner was not present at the given site where he was to operate the license and that terms and conditions of the said license were not being followed. In response to t

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