SCA/7153/1985 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7153 of 1985 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 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 ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SAURASHTRA REKADI CABIN ASSOCIATION-THR'ITS PRESIDENT - Petitioner(s) Versus DHRAJI MUNICIPALITY THR' CHIEF OFFICER & 1 - Respondent(s) ========================================================= Appearance : MR BHUSHAN B OZA for Petitioner(s) : 1, None for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 22/10/2008 ORAL JUDGMENT This petition is filed by the Association of the Larry-Galla owners who were operating in Dhoraji Municipality area. In the petition, they SCA/7153/1985 2/3 JUDGMENT have raised two fold grievances. The first grievance is that there was threat of imminent dislocation. The second grievance of the members of the petitioner association was that the Municipality has increased the licence fees from Rs.10/- per month to Rs.60/- per month. The list of the members of the Association is annexed at Annexure-A to the petition. It is the case of the petitioner that revision in the licence fees was six fold and at the relevant time, it was higher than the rate which was being charged in other bigger cities like Ahmedabad, Baroda, and Surat. Despite issuance of notice, no one has appeared for Dhoraji Nagarpalika. During the pendency of the petition, this Court has granted order of status quo, by virtue of which, it is stated that the members of the petitioner association are protected against the recovery of the revised licence fees. In the facts and circumstances of the case, considering the above aspects of the matter, this petition is disposed of by providing that the respondent – Dhoraji Municipality shall not recover the licence fees at the revised rates for the past period i.e. previous to passing of this order. In any case, no justification is brought on record to support such sudden revision in the rate. At the same time, the members of the petitioner association also cannot object prospective rate revision. Many years have passed since the petition was filed. Many factors may have undergone change. It is, therefore, clarified that despite above directions, it will be open for the respondent Municipality to make reasonable revision in the licence fees being charged from the members of the petitioner association prospectively. SCA/7153/1985 3/3 JUDGMENT However, it will be open for the petitioner to make representation in this regard to bring to the notice of the respondent-municipality the factors which according to them are relevant for being considered before the revision can be effected. Since there is no imminent threat of dislocation of the members of the petitioner association, no further direction in this regard is necessary at this stage. However, it would be open for the petitioner to resort to legal recourse in case such threat is revived. With the aforesaid observations and direction, the petition is disposed of. Rule is discharged. ( Akil Kureshi, J. ) kailash, p.s.