SCA/5456/1999 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5456 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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? ========================================================= MURADKHAN REHMANKHAN PATHAN - Petitioner(s) Versus SUB DIVISIONAL MAGISTRATE & 2 - Respondent(s) ========================================================= Appearance : MR MB FAROOQUI for Petitioner(s) : 1, RULE SERVED BY DS for Respondent(s) : 1, 3, MR RS SANJANWALA for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 23/01/2008 ORAL JUDGMENT 1. By way of this petition under Article 226 /227 of the Constitution of India, the petitioner who is SCA/5456/1999 2/5 JUDGMENT running Delhi Darbar Guest House at Valsad has prayed for an appropriate Writ, direction and or order for quashing and setting aside the order of respondent i.e. Sub – Divisional Magistrate, Valsad date 29.10.1998 in not renewing the license to run the Guest House which came to be confirmed by the Collector, Valsad by order dated 30.04.1999 in Hotel License Appeal No. 1 of 1998. 2. It appears from the record that the license in favour of the petitioner came to be cancelled and the matter was remanded to the Sub Divisional Magistrate for considering the dispute whether the license in favour of the petitioner should be renewed or not and thereafter, the impugned order came to be passed by the Sub Divisional Magistrate, Valsad at Annexure-D to the petition which ultimately came to be confirmed by the Collector, Valsad dated 30.04.1999. 3. Present petition came up for hearing before the learned Single Judge of this Court and the learned Single Judge (Coram : M.S.Shah,J.) of this Court by his interim order dated 28.03.2000 passed the following order : 'On 26.7.1999 the petition was admitted and notice as to interim relief was issued. The respondents are shown to have been served. There is no affidavit in reply. SCA/5456/1999 3/5 JUDGMENT 2.Considering the fact that the District Health Officer, Valsad District Panchayat has given opinion/no objection certificate dated 11.7.1998 (Page 47) to the Sub Divisional Magistrate, Valsad for renewing the licence for running a guest house at Delhi Darbar Guest House, Valsad and considering the hotel inspection report by Sanitary Inspector, Valsad dated 10.7.1998 (Page 48) and further no objection certificate dated 11.1.1999 (page 51) from the Chief District Health Officer, Valsad District Panchayat and the letters dated 1.3.1996 and 15.2.1997 from the Chief Officer, Valsad Municipality conveying the grant of permission for connection of the drainage line from Delhi Darbar Hotel and Guest House to the main drainage line of the Municipality and in view of the remark made by the Sanitary Inspector in hotel inspection report dated 10.7.1998 (Page 48) that there is arrangement for disposal of used water through the drainage system and considering the fact that the Police Inspector, Valsad had made recommendation for granting renewal of the petitioner's licence as mentioned in the order dated 29.10.1998 of the Sub Divisional Magistrate (Annexure "D"), it appears to the Court that it would be just and proper to grant interim relief requiring respondent Nos. 1 and 3 to grant purely provisional licence for running the guest house at the premises called Delhi Darbar Guest House at Valsad on provisional and temporary basis for a period upto 31.12.2000 within two weeks from the date of receipt of a certified copy of this order. It will be open to the respondents to file affidavit/s, on or before 30.9.2000, pointing out any objections which are not taken care of by the petitioner. If no such affidavit/s is/are filed, respondent Nos. 1 and 3 shall grant renewal to the petitioner's licence on year to year basis till the final disposal of the petition subject to the condition that the petitioner shall comply with all the relevant laws, rules and regulations and terms and conditions of the licence. SCA/5456/1999 4/5 JUDGMENT 3. It is clarified that this order shall not come in the way of the concerned authorities exercising their powers against the petitioner under all the relevant applicable laws, rules and regulations, if the petitioner commits breach of any of the laws, rules or regulations and/or commits breach of any of the terms and conditions of the licence. The petition shall be listed on final hearing board of 5.2.2001. Direct Service is permitted.' It is reported that pursuant to the aforesaid interim order dated 28.03.2000 the petitioner has been issued provisional licence / renewed licence provisionally every year and the petitioner is running hotel / guest house pursuant to the same. Considering the fact that the petitioner is running a Guest House at Delhi Darbar, Valsad since year 2000, may be under the interim order passed by this Court, it will be in the fitness of things to dispose of present Special Civil Application directing respondent Nos. 1 and 3 to consider the question of renewing the license of the petitioner to run the Guest House afresh considering the position as on today and to consider whether the petitioner has complied with all the conditions, rules and regulations for running Guest House or not. It will be open for SCA/5456/1999 5/5 JUDGMENT respondent No.1 to issue show cause notice to the petitioner and give an opportunity to the petitioner at the time of satisfying himself whether the petitioner has complied with all the conditions, rules and regulations or not for running the Guest House. Aforesaid exercise to be completed by respondent No.1 after giving opportunity to the petitioner on or before 15th March, 2008 without in any being influenced by the earlier orders. If any adverse order is passed against the petitioner, same shall not be implemented till 31st March, 2008. Until then, interim order passed by this Court dated 28.03.2000 shall continue. This Court has not expressed any opinion in favour of the either parties. It will be open for respondent No.1 – competent authority to consider the question of renewing of liscence subject to fulfilling the rules and regulations by the petitioner. With these, present Special Civil Application is disposed of. Direct service is permitted. [M.R.Shah,J.] satish