A writ petition against a show-cause notice is not maintainable.

ORDER :

S.K. Keshote, J.

The petitioners have come up with a case before this Court that they are running a small business of tea and coffee in a small hand-larry at Dakore since last about 22 years. It is a statement of the petitioners that they are peacefully carrying on their business in their tarries without causing any kind of obstruction to the general public. On the contrary, they are catering to the day-to-day need of the general public. Not a single complaint is received by the respondent authorities from the members of the public against the petitioners regarding any obstruction caused to them. The petitioners further urged that they are carrying on their legitimate business on a corner of the road without causing any hindrance to the vehicular traffic also. The petitioners have made a grievance that the agents or employees of the respondents No. 1 and 2 are harassing them to a large extent. The petitioners though made several oral requests to the respondents not to harass them but they have not cared to consider their grievance. The petitioners earlier filed Special Civil Application No. 6021 of 1983 before this Court on 14th December, 1983 for redressal of the same grievance. At the time of hearing of the said petition, Mr. A. J. Patel, learned counsel for the respondent Panchayat gave an assurance to the Court that the petitioners will not be disturbed without following the due process of law. On the above statement made by Shri A. J. Patel in the earlier proceeding, the petitioner withdrew the said petition. The grievance of the petitioners in this petition is that in spite of the said assurance given by the counsel for the Panchayat, the respondent Panchayat has not stopped the illegal activities of removing the larries and some time even taken and thrown away the larries and have been asking for illegal gratification from the petitioners. The petitioners in para No. 5 of the Special Civil Application made a statement that now the Panchayat has given the notice to the petitioners to vacate the premises though no other larri walas in whole of Dakore town are being disturbed. The prayer has been made by the petitioners in this Special Civil Application to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus permanently restraining the respondents No. 1 and 2, their servants or agents from removing or disturbing the larries of the petitioners from the existing place. The prayer has also been made for the grant of the interim relief. On 2nd April, 1984 this Court was pleased to issue rule and interim relief in terms of para No. 23(c) has also been granted. Para No. 23(c) read as under:

Pending hearing and final disposal of this petition, be pleased to issue an injunction restraining the respondents No. 1 and 2 from removing or disturbing the larries of the petitioners or bench or other articles used by them, from the existing place;

It is not in dispute between the parties that the interim relief which has been granted by this Court continues till this date.

Special Civil Application No. 4884 of 1992

2. Briefly the facts of this case are that the petitioners have been paying the rent to the respondent-Panchayat till they filed Special Civil Application No. 1839 of 1984 before this Court. They have been paying the rent and licence fees at the rate of Rs. 30/- p.m. After filing of the aforesaid petition and the protection granted to them by way of interim relief by this Court, the petitioners went to the authorities as they used to, for paying the amount of rent and licence fees, but the said authorities refused to accept the said amount from the petitioners. In that eventuality, the petitioners had sent the rent through M. O. to the respondent No. 1 but the same was also refused. After lapse of many years, suddenly the respondent No. 1 issued notices to the petitioners stating that they have decided to charge the premium at the rate of Rs. 300/- p.m. from the petitioners fro