CW 1525/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1525/07 Nonihal Singh Versus Municipal Corporation & Ors. DATE OF ORDER : 04/05/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sudhanshu Joshi, for petitioner Mr. B.K. Sharma, for respondents *** Instant petition has been filed by senior citizen with the grievance that licence has been arbitrarily issued by Municipal Corporation, Jaipur for use of open land in residential area as banquet hall where marriages/birthday parties are being celebrated, causes noise pollution and at the same time causes inconvenience to nearby residents since adequate facilities are not provided by the licensee, the residents are being harassed for their inaction. It has also been pointed out that apart from noise pollution, food wastage and garbage are being thrown on the road which affects their health and the petitioner being senior citizen left with no remedy but to invoke jurisdiction of this Court under Art.226 of the Constitution of India, since the licensing authority has failed to take note of the relevant conditions which are required to be implemented by licensee for running such banquet hall. CW 1525/07 [2] It has come on record that petitioner initiated action against respondent No.4 by filing a criminal complaint before Additional District Magistrate South, Jaipur which is pending consideration. Counsel for Municipal Corporation submits that it was a provisional license issued to respondent No.4 and period of license has expired in September, 2007 and thereafter, it has neither extended nor permitted to run banquet hall and if he is running banquet hall in the absence of a valid license, it was totally unauthorized and for which he is not authorized under law to run banquet hall any further in arranging marriages and other celebrations. Since the period of license has expired on September, 2007 and has not been extended thereafter, thus, on account of change in circumstances, the petition has become infructuous. However, it is expected from the Municipal Corporation, Jaipur to also take proper care to see that if license has not been renewed, respondent No.4 shall not be permitted to run their banquet hall any further. At the same time the Magistrate before whom complaint is pending shall also expeditiously dispose of the same. With the above observations, the writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA1525CW07 4-5.doc