1 22.conpw-21-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CONTEMPT PETITION NO. 21 OF 2011 IN WRIT PETITION NO. 1922 OF 2009. Mubin Musa Patel. ..Petitioner. vs. Mr. Subodh Kumar, Municipal Commissioner for Municipal Corporation for Greater Mumbai & Ors. ..Respondents. .... Mr. Ram Mani Upadhyay, for Petitioners. Ms. T. Puranik, for Respondents-BMC. .... CORAM : S.J. KATHAWALLA, J. DATE : 23RD SEPTEMBER 2011. P.C. : This Petition is filed by Shri Mubin Musa Patel who is admittedly one of the fish vendors, selling fish in the Sainath Municipal Fish Market, Malad (West), Mumbai-400 064 (the said fish market) The Petitioner along with Shri Shakeel Ahmed have filed Writ Petition No. 1922 of 2009 before the Hon’ble Division Bench of this Court seeking various directions from this Court including the order and direction against the Bombay Municipal Corporation to stop illegal, unauthorised and unlicensed vendors from carrying out any fish business in the said fish market. In the said Writ Petition, the Division Bench of this court passed an interim order dated 9th March 2010, which reads as under :- “4. There will be interim order in terms of prayer clause (f). Liberty to the Petitioners to move this Court in case 2 22.conpw-21-11 there is any breach of the interim order passed by this Court.” 2. Prayer clause (f) of the Notice of Motion reads as under : “Pending the hearing and final disposal of this Writ Petition, this Court be pleased to direct the Respondent Nos. 1, 2 and 3 to stop all the illegal vendors from performing their business at Sainath fish Market and a direction to take instant action on complaint.” 3. By the present Contempt Petition, the Petitioner has alleged that the Respondent Nos. 1, 2 and 3 i.e. the Commissioner of Municipal Corporation for Greater Mumbai, the Additional Municipal Commissioner and the Market Superintendent of the said fish market have failed to stop the illegal vendors from doing their business at the said fish market. 4. An Affidavit dated 22nd September 2011 is filed by one Jitendra Kashiram Madye, Market Inspector of the said fish market, wherein he has pointed out that from the period 11th February 2009 to 14th September 2011 action has been taken on 100 occasions against the unauthorised fish vendors in the said fish market. The particulars pertaining to the action taken are set out in Exhibit ‘A’ to the said Affidavit. 5. Admittedly, the said fish market is on a open plot of land where no specific place/ stall is allotted to any of the licensed fish vendors. Therefore, around 163 retailers and wholesalers (fish vendors) come and sell their fish on the said plot by occupying the space wherever available. Along with 163 licensed vendors, some un-licensed fish vendors also come and sit in the said fish market against whom as directed by this Court, the Corporation has taken 3 22.conpw-21-11 action on more than 100 occasions. The Market Inspector has also annexed a letter written by some of the licensed fish vendors including the Petitioner to the Additional Commissioner (Markets) whereunder they have admitted that the Corporation is taking action against unlicensed fish vendors. However, the said unlicensed fish vendors have abused and assaulted the officials of the Corporation and therefore, more police security is required to be provided at the said fish market. 6. In view of the above, it is clear that the Respondents are repeatedly taking action against the unauthorised fish vendors in the said market and it cannot be said that the Respondents have committed willful breach of the orders passed by this Court. In view thereof, no case for contempt is made out against the Respondents and the Contempt Petition is dismissed. [ S.J. KATHAWALLA, J. ]