In the absence of an existing license, there was no basis to consider the request for addition of additional commodities to the Hawker's License issued under Section 313A of the Act of 1888.

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 the Inspection Report dated 27th June 2022, the petitioner submitted his say on 4th July 2022. On the same day, the petitioner moved another application seeking addition to the items that he was permitted to hawk under the earlier license. The Municipal Corporation however, in the light of its Inspection Report, issued a show cause notice to the petitioner on 5th September 2022 as to why his Hawker's License should not be cancelled for breach of the terms and conditions under which it was issued. The petitioner replied to the aforesaid show cause notice on 7th September 2022 and denied the statements made in the said notice. The petitioner's response was not found to be satisfactory and hence action of cancelling Hawker's License was taken on 7th October 2022. The petitioner challenged the order dated 7th October 2022 by filing Writ Petition (Lodging) No.32254 of 2022. On 11th October 2022, the said order dated 7th October 2022 was set aside on the ground that it was issued in violation of the principles of natural justice. The Municipal Corporation was directed to give personal hearing to the petitioner and take a decision thereafter. Similarly, the petitioner's representation dated 4th July 2022 was also directed to be considered.

3. Pursuant to the aforesaid order, the petitioner was granted an opportunity of hearing on 9th November 2022. After considering the record as well as the stand of the petitioner, the Assistant Commissioner of the Municipal Corporation, on 6th December 2022, held that there was no case made out by the petitioner for revisiting the order of cancellation of the petitioner's Hawker's License. That action was thus upheld. The petitioner therefore approached this Court by filing Writ Petition No.34 of 2023, raising a challenge to the order dated 6th December 2022. On 19th December 2022, this Court passed the following order :-

'.After arguing the matter for some time, when we had shown disinclination for grant of reliefs prayed for in the petition, the learned counsel for the petitioner prays that the representation made by the petitioner dated 4th July 2022 be directed to be decided within a prescribed time.

2. Representation of the petitioner dated 4th July 2022 be decided by the Municipal Corporation within a period of two weeks from today as per law and strictly on its own merits.

3. The writ petition is accordingly disposed of.'

4. Pursuant to the aforesaid order, the petitioner's representation dated 4th July 2022 was considered and by a communication dated 27th December 2022, the Assistant Commissioner of the Municipal Corporation informed the petitioner that his representation / application dated 4th July 2022 was rejected for the reason that under the license issued under Section 313-A of the Mumbai Municipal Corporation Ac