1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.820 OF 1998 ... Mr.Ramkumar Babusingh ...Petitioner v/s. The Municipal Commissioner and anr. ...Respondents ... Mr.M.M.Vashi for the Petitioner. Mr.S.S.Pakale with Ms.s.M.Modle for the BMC. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 17th August, 2009 P.C.: 1. The Petitioner by this petition makes a grievance against the communication dated 18-3-1998, whereby the Medical Officer, Health Department of the Corporation declined to grant Eating House Licence to the Petitioner because the area of his shop is 137 sq.ft. 2 2. The learned Counsel appearing for the Corporation hs produced before us a copy of the policy of the Corporation in that regard. 3. Perusal of the policy of the Corporation shows that licence to the Milk Shop, which is covered by item No.18 of the policy of the Corporation, no specific area of the shop is prescribed. Therefore, it is clear that the licence of the Petitioner can be considered for renewal as `Milk shop under the Policy of the Corporation. The Petitioner as per the interim order has been granted licence for manufacturing and selling of sweetmeat. In our opinion, considering the policy of the Corporation, following order would meet the ends of justice. 3 O R D E R (i)The Petitioner to make an application to the Corporation for grant of appropriate licence as per its policy, considering the dimension and situation of the Petitioner s premises, within a period of two weeks from today. (ii) The Corporation shall consider that application in accordance with law, generally and specially in relation to the policy adopted in that regard and grant appropriate licence to the Petitioner. (iii) In case the application is made within a period of two weeks from today, the interim order which is presently 4 operating shall continue to operate till the Corporation makes an order on the application of the Petitioner and for a period of four weeks thereafter, if the order is adverse to the interest of the Petitioner. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)