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2023 Supreme(Bom) 2149

A. S. GADKARI, SHARMILA U. DESHMUKH
Shakuntala Karamveer Sarsath – Appellant
Versus
Atul Mohite – Respondent


Advocates appeared:
Ankush Dhokale, Advocate, Anita Marbhal, Advocate, M.H.Mhatre, Advocate

JUDGMENT/ORDER

A.S. GADKARI, J. - Rule. Rule made returnable forthwith and with the consent of learned counsel for the parties herein, taken up for final hearing.

2. Petitioner has invoked extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, for alleged violation of her fundamental right to practice the profession or to carry on any occupation, trade or business as contemplated under Article 19 (1) (g) of the Constitution of India, by the Respondents and for declaration that the action of Respondents against the Petitioner amounts to illegal detention, in violation of her fundamental right of the Beauticians guaranteed under Article 19 (1) (g) of the Constitution of India.

3. Heard Mr.Dhokale, learned counsel for Petitioner and Mrs.Mhatre, learned A.P.P. for Respondent-State. Perused entire record annexed to the Petition.

4. It is the case of the Petitioner that, she is a family oriented woman having responsibility to maintain her two children aged about 20 and 15 years and an old aged ailing father. In order to maintain her family financially, the Petitioner has pursued a course of Beautician, enabling to earn for her livelihood. She has wor

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