1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.80 OF 2007 Bombay Suburban Consumers Asso. .. Petitioner. Versus Mira-Bhayandar Municipal Corpn. .. Respondent. Mr.D.U. Mirakar for the petitioner. Mr.R.S. Apte for respondent No.1. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J. J.P. DEVADHAR, J. J.P. DEVADHAR, J. DATED : 13th March, 2008 DATED : 13th March, 2008 DATED : 13th March, 2008 P.C. : 1. Learned counsel appearing for the parties have raised various contentions for consideration of this Court. According to the learned counsel appearing for the Corporation, in fact the present writ petition discloses no cause of action, particularly in face of documents annexed at page Nos.40 and 41. It is also contended that the Corporation has a right to collect market fee in exercise of its powers, as admittedly the hawkers are occupying space which belongs to the Municipal Corporation and are carrying on commercial activities. On the other hand, the learned counsel appearing for the petitioner contended that they have no right to collect the market fee and they may be able to collect license fee for which they could 2 frame policy. The petitioner claims to have locustandi, on the ground that the market fees may ultimately be passed over to the consumer and, therefore, they have an interest in the matter. 2. We are doubtful as to whether the present writ petition is at all maintainable as Public Interest Litigation. However, without prejudice to the rights and contentions of the parties and the fact that the representation made by the hawkers have not been dealt with by the Corporation, we direct the Municipal Corporation to deal with the objections raised and pass appropriate orders expeditiously in the matter. 3. The public interest litigation is disposed of with no order as to costs. CHIEF JUSTICE J.P. DEVADHAR, J.