HIGH COURT OF BOMBAY
G. S. Kulkarni, R.N. Laddha, JJ
Sayli B. Parkhi – Appellant
Versus
State of Maharashtra – Respondent
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,
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