Point of law: It is a settled legal proposition that Article 14 not meant to perpetuate illegality and it does not envisage negative equality. Thus, even if some other similarly situated persons have been granted some benefit inadvertently or by mistake, such order does not confer any legal right on the petitioner to get the same relief.

JUDGMENT :

1. By way of this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for following reliefs : -

“15. a) Your Lordship may be pleased to allow and admit this petition and be pleased to issue a writ of mandamus or a writ of certiorari or any other appropriate writ or an order or a direction, quashing and setting aside the impugned order of sealing the premises of the petitioners dated 17.02.2020 issued by respondent no. 3 authority Annexure – A and your Lordship may be pleased to direct the respondent Authority to open the seal installed at 1st floor of the petitioners premises and allow the petitioner to do the business of restaurant in the said premises.

(b) Your Lordship may be pleased to pass an appropriate order or a direction, quashing and setting aside the notice dated 29.01.2020 (Annexure V) issued by the respondent No. 4 Dy. Town Development Officer.

(c) Pending the final hearing and disposal of this petition, Your Lordship may be pleased to stay the further operation of impugned order/notice dated 07.02.2020 of Respondent Town Development Officer (Annexure A) and be pleased to restrain the respondents from causing any hurdle from entering into the premises in question and from doing the restaurant business in the said premises.

(d) Cost of this petition be awarded.

(e) Any other just and proper relief be granted in favour of the petitioners, by considering the facts and circumstances of the case, as your Lordship may deem fit in the interest of justice and equity and conscience.”

2. The background of the facts which has given rise to the present proceedings is that the petitioners are the occupiers of building / premises situated in Vadodara in Raopura area of city precisely in Mama’s Pole bearing Tika No. 21/1, City Survey No. 74 having area admeasuring 170.57 sq. mtrs. (plot area 1827 sq. fts.). The said property is a three storied building comprising of ground, first and second floor, and the petitioners are holding possession thereof since 2009 initially as a permissive user, and thereafter have purchased the property in question by registered sale document dated 23.02.2017. It is the case of the petitioners that the petitioners are holding thereafter the premises as the owners and was being used for non-residential purpose – commercial purpose and the respondent Corporation used to assess and have levy of commercial tax from the petitioners.

3. The petitioners are since in catering business, the ground floor of the premises was used for office work, whereas first and second floor were being used for ancillary purpose of catering business. After purchase of the said premises in February, 2017, the petitioners have chosen to renovate the building by executing colouring work, gate work, repairing of flooring etc. and while doing so, the original old structure of the premises is kept intact. According to the petitioners, there is no alteration either in the basic structure or in the shape of the premises by carrying out such work. At the first floor, the petitioners have undertaken renovation of running a restaurant in the name of “Desi Rotlo (Kathiyawadi Restaurant)”. According to the petitioners, the legal requirements related to run a restaurant are being complied with. The petitioners have applied before the respondent Corporation for license under Gumasta Dhara. The Corporation after physical inspection of the premises, issued the said license on 02.01.2020 for a period of three years renewable on 1st January on expiration of the said period of three years. An application was also submitted for license from Food and Drugs Control Administration Department of the State of Gujarat as required under the Food Safety and Standards Act, 2006. The competent authority, upon such scrutiny, was also pleased to grant such license on 15.02.2020 for a initial period of five years. The related license fee charged by Vadodara Municipal Corporation has also been paid which fact is not in