- 1 - IN THE HIGH COURT OF JUDICATURE AT BOBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 969 OF 2008 Smt. Bebi Ahmed khan & Ors. Petitioner Vs. Pune Mun.. Corpn. & Ors. Respondents Mr. N. P. Deshpande, Advocate for the petitioner. Mr. V. G. Muzumdar, Advocate for the respondent No.1 and 2. CORAM : S. C. DHARMADHIKARI, J. DATE : FEBRUARY 18, 2008 PC . This writ petition is directed against the order passed on 16th January 2008 by the District Judge, 6-Pune in Misc. Civil Appeal no. 442 of 2007. The appeal was dismissed by the learned Judge. The Appellate Court was moved by the present petitioners, challenging an order of the trial Court, refusing interim injunction in the suit being Regular Civil Suit no. 215 of 2006. 2. The petitioners’ case is that they are hawkers, who are holders of stalls, admeasuring 4’x6’ each, situate in the hawker Zone-31, abutting - 2 - the Ruby Hall Clinic near Dhole Patil road, Pune. They are carrying on business from 1986. 3. The Pune Municipal Corporation filed an affidavit-in-reply to the interim application and pointed out that there is no allotment of stalls but licences were issued for using static hand carts, admeasuring 4’ x 3’. The petitioners were though bound, violating the terms and conditions of the license and there were complaints. In such circumstances, as the licenses were not renewed, the action is contemplated. Further, there are areas now specified and designated as "No Hawking Zone". It is in such circumstances, that no prima-facie case is made out, and therefore, interim injunction is refused. 4. The plea raised by the Pune Municipal Corporation was accepted and the trial court dismissed the injunction application, which order has been confirmed in the appeal. 5. Mr. Deshpande, appearing for the petitioners contended that the petitioners were doing business from 1986 and they would abruptly be - 3 - removed. While not disputing that the licences having not been renewed, Mr. Deshpande submits that the Pune Municipal Corporation has prepared a hawkers plan ear-marking hawking Zone and just near the subject area, one hawking zone is earmarked. That place is known as "Kharadi’ and the petitioners are agreeable to be removed, provided these spaces are allotted for hawking to them. He submits that having got knowledge of this policy, the petitioners would like to avail benefit thereof by making appropriate application, for which some time may be granted. 6. Considering that the order was passed on 16th January 2008 and all throughout the petitioners were protected, interest of justice would be subserved if only the petitioners are permitted to apply to the Pune Municipal Corporation for grant of alternate spaces for hawking and for the same, period of one week is provided to enable the petitioners to apply and the respondents to take decision. It is directed that for a period of 15 days from today the petitioners shall not be forcibly evicted or their articles and belongings be taken away by the respondents, - 4 - provided the petitioners do not encroach upon the area which has been earmarked and designated for the ingress and egress to the Ruby Hall Clinic. Petition is dismissed, subject to above. 7. Parties to act on an authenticated copy. Sd/- [ S.C. DHARMADHIKARI J.]