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SCA/14314/2003 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14314 of 2003
=========================================================
MAHESH
N PUNJABI - Petitioner(s)
Versus
GUJARAT
STATE ROAD TRANSPORT CORPORATION & 1 - Respondent(s)
=========================================================
Appearance
:
MR
JASWANT K SHAH for
Petitioner(s) : 1,
MS SEJAL K MANDAVIA for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 13/01/2010
ORAL
ORDER
By
way of this petition, the petitioner has prayed to quash and set
aside the impugned letter dated 29th August 2003
addressed by respondent-Corporation, whereby the
respondent-Corporation has cancelled the petitioner’s licence for
hawking.
The
brief facts of the case are that the petitioner was granted hawker’s
licence to run sugarcane stall by executing lawful contract by
paying a deposit to the respondent-Corporation
and monthly licence fees. The petitioner
was granted licence Nos.442 and 443 as per the Rules and
Regulations of the respondent-Corporation for hawking at Vadodara
S.T. Depot. The petitioner has been regularly paying the said amount
per month as agreed by them towards the licence fee to the
respondent-Corporation. As the respondent-Corporation has framed new
policy for hawker’s licence holders and stall owners, the
respondent-Corporation vide communication dated 29th
August 2003, cancelled the hawker’s licence of the petitioner.
Hence, this petition.
When
the matter was taken up for hearing, the learned counsel for the
petitioner has stated that the petitioner is ready and willing to
approach the respondent-Corporation by way of fresh application for
renewal of his hawker’s licence in view of the new policy framed by
the respondent-Corporation.
Heard
learned counsel for the respective parties and perused the documents
on record. Looking to the peculiar facts and circumstances of the
case, and in view of the statement made by the learned counsel for
the petitioner, the petitioner shall prefer an application before
the competent authority of the respondent-Corporation for renewal of
hawker’s licence under the new policy framed by the
respondent-Corporation. If any such application is preferred by the
petitioner, the respondent-Corporation will consider the same,
subject to the terms and conditions, framed under the new policy.
With
the above observations, the petition stands disposed of.
(K.S.
Jhaveri, J)
Aakar
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