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1985 Supreme(Guj) 239

B.K.MEHTA, G.T.NANAVATI
GULAMALI GULAMNABI SHAIKH – Appellant
Versus
MUNICIPAL COMMISSIONER – Respondent


Advocates Appeared: F.A.MEMON, K.V.SHELAT, MOHIT S.SHAH, N.R.OZA, N.R.TANDEL, P.K.PAREKH, P.S.PATEL, R.N.SHAH, S.K.BUKHARI, SURESH M.SHAH, YATIN OZA

G. T. NANAVATI, J.

( 1 ) THESE petitioners involve common questions of law and facts and were heard together at the request of the learned advocates for both the sides. They are disposed of by this common judgment.

( 2 ) SOME of these petitioners are filed by Lariwalas Gallawalas and Patharanawalas themselves; while remaining petitions have been filed by the Associations representing their members who are either Lariwalas or Gallawalas or Patharanawalas. They are either from the city of Ahmedabad or Baroda or Surat. Gallawalas are persons who have put up Gallas i. e. cabins or stalls for selling their goods or articles. Lariwalas sell their goods or articles by keeping them in their laries i. e. hand-carts with four wheels. Patharnawalas sit on the ground and spread their goods or articles in their front for selling them. All these Lariwalas Gallawalas and Patharnawalas (who will be hereafter collectively referred to as the hawkers for brevitys sake) except the petitioner in Special Civil Application No. 2194 of 1982 who has put up his Galla in a plot belonging to the Ahmedabad Municipal Corporation occupy parts of public streets or roads including foot-paths. The municipal and/or




















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