1 WPL-2195.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2195 OF 2011 Mohamed Yasin Shaikh : Petitioner versus The Mumbai Municipal Corporation and ors. : Respondents. Mr. P J Thorat for the Petitioner. Mrs. Preeti Purandare for the Respondents/Corporation CORAM : P B MAJMUDAR, R M SAVANT, JJ. DATE : 19th October 2011 P.C. 1 Leave to amend the prayer clause is granted. Amendment to be carried out forthwith. 2 The above Petition has been filed impugning the order dated 10/9/2011 passed by the Assistant Municipal Commissioner by which order the application of the Petitioner for change of commodity in respect of Hawking Licence granted to him from sale of ready-made garments to sale of pre-cooked food has been rejected. By way of amendment the Petitioner has alternatively prayed that he may be relocated in the stall admeasuring 4 mtr x 2 mtr from the place where at present he is carrying on his business i.e. from Opp. Balsara House, Nagindas Master Road, Ford, Mumbai to Footpath of M.G.Road, Fashion Market, Near OCS Chowky, Mumbai In the light of the said alternate prayer made by the Petitioner, we had directed the learned counsel 2 WPL-2195.11.sxw for the Respondent No.1 to consider the said request of the Petitioner. In deference to our directions and acceding to the request of the Petitioner, the Corporation has issued a letter, which bears today’s date i.e. 19/10/2011 to the Petitioner wherein he has been informed to remain present at the site near OCS Chowky, M G Road, Fashion Market for taking possession of pitch admeasuring 4 mtr x 2 mtr in the said Fashion Market and immediately to shift the existing stall. The learned counsel for the Petitioner Shri Thorat, on instructions of the Petitioner who is present in court today, states that the Petitioner has taken the possession of the said site today in the afternoon. In view of the acceptance of the new site by the Petitioner near OCS Chowky, M G Road, Fashion Market, the main substantive prayer in the above Petition has become infructuous. We, therefore, dispose of the above Petition by recording that the Petitioner would be permitted to carry out his business of selling the ready made garments at the new site near OCS Chowky, M G Road, Fashion Market. The copy of the letter dated 19th October 2011 is taken on record and marked “X” for identification. Respondent No.1 to take precaution to see that no untoward incident takes place whilst Petitioner sets up his new business at the new site. The instant order in the above Petition has been passed in the special facts and circumstances of the case as mentioned above and would not act as a precedent in any manner. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]