IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 15 OF 2009 THE CITY ASSOCIATION OF STALL OCCUPANTS THROUGH PRESIDENT SANTOSH VENKATESH DEVJI ... Petitioner Versus THE CORPORATION OF THE CITY OF PANAJI THROUGH COMMISSIONER AND ANR., ... Respondents Mr. Marvin D'Souza, Advocate for the petitioner. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. Shivan Desai, Advocate for respondent No.1. Mr. S. R. Rivonkar, Government Advocate for respondent No.2. Coram:- P. B. MAJMUDAR & N. A. BRITTO, JJ. Date:- 15th January, 2009 P.C. This petition is filed by an association of stall occupants, with a prayer that appropriate writ, order or direction may be issued against the respondents to implement the rehabilitation scheme approved by this Court. During the course of hearing of this petition, the learned Counsel for the petitioner-Association submitted that the members of the petitioner-Association have been allotted spaces in the new market building, but, according to him, since they have been allotted the spaces on the first floor, it may be difficult for them to continue with their business in the allotted spaces. The learned Counsel for the petitioner-Association, however, submitted that the members of the petitioner-Association are willing to occupy the spaces allotted to them with a prayer that if, in future, any space is available in any market, on the ground floor, their cases may be considered for such spaces, for which he submitted that the members of petitioner-Association will make appropriate representation which may be considered. Mr. Nadkarni for the respondent No.1 submitted that the members of petitioner-Association have no legal right as hawkers at a particular space and as and when a space is allotted to them, they must go to occupy the same. 2. The learned Advocate for the petitioner submitted that he would like to withdraw this petition with a view to make representation as aforesaid, after occupying the spaces allotted to the members of the petitioner-Association. The petitioner is permitted to withdraw this petition, with liberty to make representation to respondent No.1 for considering the case of members of the petitioner for allotting space, if any available in any Municipal Market within the limits of respondent No.1. We make it clear that we have not expressed our opinion on this aspect, as it is for respondent No.1 to consider such representation, if received from the members of the petitioner-Association, in accordance with law. We simply permit the members of the petitioner to make represtations and allow the petitioner to withdraw this petition. 3. Considering the facts of the case, the Members of the Petitioner-Association are given time upto 10th February, 2009 to vacate the existing stalls/spaces/gadas which are in their occupation, so as to enable them to occupy the newly allotted spaces on the first floor of the new building. The members of the petitioner-Association shall vacate/remove the stalls/spaces/gadas latest by 10/2/2009. This protection is given to the Members of the petitioner-Association, upon the Members of Petitioner-Association filing an undertaking before this Court, within one week from today, that they will vacate/remove the stalls/spaces/gadas which are in their occupation, without any grievance or hindrance in any manner, by 10th February, 2009. Copies of such an undertaking be given to the Counsel for the respondents. In case, such an undertaking is not filed within one week from today by the members or any one of the members of the petitioner-Association, the respondent No.1 shall be free to take out appropriate proceedings against such member or members, upon expiry of period of one week from today. The respondent No.1 shall provide the appropriate spaces and hand over possession thereof at the earliest and, in any case, on or before 10.2.2009. 4. At this stage, Mr. Nadkarni, learned Senior Counsel for respondent No.1 submitted that the members of the petitioner-Association who vacate the existing stalls/spaces/gadas even before 10/2/06, shall be provided adequate spaces immediately in the said new building. 5. The petition is disposed of as withdrawn, subject to what is stated hereinabove. P. B. MAJMUDAR, J. N. A. BRITTO, J. ssm.