ORDER :

1. Not on board. Upon mentioning, taken on board on a praecipe as moved on behalf of the petitioner.

2. The question which falls for consideration is whether the petitioner under the terms of a Eating House License granted to her by the Municipal Corporation, would permit serving of “Hookah” or what is claimed as “Herbal Hookah.”

3. The petitioner has described herself to be an entrepreneur carrying on business under the name and style of M/s. Parkhi Hospitalities and is running a Restaurant/Lounge named “The Orange Mint” at 16C, Asha Studio, S.T. Road, Chembur, Mumbai.

4. This petition is moved praying for a relief that the impugned order dated 18 April, 2023 passed by the Medical Officer Health, M/West Ward, directing the petitioner that if within 7 days from the date of said order, activity of serving Hookah/Herbal Hookah, in the service area, by using burnt charcoal, if is found to be continued by the petitioner, the eating house license granted to the petitioner shall be cancelled/revoked, without any further notice.

5. The impugned order is passed on the backdrop of an earlier Writ Petition filed by the petitioner, being Writ Petition No. 501 of 2023. The case of the Municipal Corporation is that two show-cause notices were issued to the petitioner. First show-cause notice was issued on 20 September, 2022 and the second show-cause notice was dated 1 February, 2023. The show cause notices were in relation to the objectionable activity of the petitioner of serving Hookah, stated by the petitioner to be Herbal Hookah.

6. The Municipal Corporation has taken a stand that granting of a eating house license under section 394 of Mumbai Municipal Corporation Act, 1888 (for short “M.M.C. Act”) would not permit the petitioner to conduct any Hookah activity including serving of Herbal Hookah. Accordingly, such show cause notices came to be issued, which were subject matter of Writ Petition No. 501 of 2023. A co-ordinate Bench of this Court, after hearing the parties disposed of the said Writ Petition by order dated 13 February, 2023 directing that the issues be decided by passing an order on the show cause notices. The said order passed by this Court reads thus:

ORDER

1. Rule. Rule made returnable forthwith.

2. Heard learned counsel for the parties.

3. At the outset, the learned Counsel for the Petitioner has tendered draft amendment, seeking leave to raise challenge to the show cause notice dated 1st February, 2023 that has been issued during pendency of the proceedings. The amendment is granted. It be carried out forthwith. Re-verification is dispensed with.

4. It is the case of the Petitioner that, she is proprietor of the restaurant, which is serving Herbal Hookah. The Respondent No. 7, who claims to be a Social Activist, had filed complaint against the Petitioner with the Municipal Corporation, pursuant to which restaurant of the Petitioner was inspected and further notices were issued. One of the notices issued to the Petitioner is dated 28th September, 2022 stating therein that license condition Nos. 8 and 12 had been breached. The Petitioner filed reply to the said notice and the Deputy Municipal Commissioner, on 21st November, 2022, directed the concerned Officer to get a clarification in the matter insofar as, activity of permitting Herbal Hookah was concerned. It is thereafter that the fresh show cause notice dated 1st February, 2023 has been issued.

5. The Petitioner submits that the show cause notice has been issued without any due authority of law and it is urged that the provisions of Section 394 of the Mumbai Municipal Corporation Act, 1888 are not attracted.

6. We find that the order under challenge is only a show cause notice which has been issued to the Petitioner. If, the Petitioner raises any permissible ground to indicate that the show cause notice is not justified, it would be for the Municipal Corporation to consider the same and take a decision thereon. The interest of justice would be served by issuing the follo