SCA/4584/1999 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4584 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?-Yes. 2 To be referred to the Reporter or not ?-Yes. 3 Whether their Lordships wish to see the fair copy of the judgment ?-No. 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?-No. 5 Whether it is to be circulated to the civil judge ?-No. ========================================================= SHABBIR HUSSEIN YAKUBBHAI PATEL & 1 - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MRS VASAVDATTA BHATT for Petitioner(s) : 1 - 2. RULE SERVED for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 02/05/2008 ORAL JUDGMENT The petition is filed challenging order dated 27/7/1998 passed by the Assistant Police Commissioner, C-Division, Ahmedabad City, copy of which is produced at Annexure-H, order dated 16/1/1999 SCA/4584/1999 2/3 JUDGMENT passed by the Police Commissioner produced at Annexure-L and order dated 18/5/1999, Annexure-N whereby the authorities have refused to transfer license to run 'New Irani Restaurant' in favour of the petitioner on the ground that the restaurant is situated at Salapose Road, Near Relief Cinema in 'Bhadra' area where road is very narrow and traffic is very heavy. It is also mentioned in the order that if the license is renewed/granted, the customers coming to the restaurant will park their vehicles on the public road and that will cause traffic problem. The learned advocate for the petitioner submitted that the Court was pleased to issue Rule on 2/7/1999 and was pleased to order to maintain status quo as obtaining on the day of passing of the order. The learned advocate for the petitioner submitted that since then, there is development in favour to the petitioner; the circumstances have changed to the benefit of petitioner which are required to be considered by the authority to decide the question of 'grant of license' afresh. The fact that interim relief is operating since year 1999 and as stated by the petitioner, the petitioner has been operating restaurant at the place, it is deemed fit to direct the authorities to consider the matter afresh. Hence, the petitioner is directed to file a representation with all necessary material including map if any before the authorities, for grant of his request. The petitioner shall SCA/4584/1999 3/3 JUDGMENT file representation within four weeks from today. If deemed fit the petitioner may as well enclose a copy of this petition as a part of his representation with the aforesaid material pointing out the changed circumstances and the factors which are required to be considered by the authority to decide the application/representation of the petitioner. The authority shall decide the representation within three months from the date of receipt of the same. At the request of the learned advocate for the petitioner, the interim relief granted by this Court is ordered to continue for a period of fifteen days from the date of communication of the order to the petitioner so as to enable him to file appropriate proceedings in the event the order is adverse to the petitioner. With the aforesaid observations, this petition is disposed of. Rule is discharged with no order as to cost. (RAVI R. TRIPATHI, J.) (ila)