Writ Petition No. 5989 of 2002. Case: Abdul Razzaque Abdul Rahim Vs Head Inspector, Municipal Corporation of Gr. Mumbai, Market Department and Assistant Commissioner's Office (Market)., [Alongwith Writ Petition No. 5990 of 2002]. High Court of Bombay (India)
| Case Number | Writ Petition No. 5989 of 2002 |
| Counsel | For Appellant: A.N. Mulla, Adv. and For Respondents: M.M. Malvankar, Adv. |
| Judges | P.B. Majmudar and R.M. Savant, JJ. |
| Issue | Bombay Municipal Corporation Act, 1888 - Section 105B; Constitution of India - Article 226 |
| Judgement Date | June 11, 2010 |
| Court | High Court of Bombay (India) |
Judgment:
R.M. Savant, J.
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These petitions filed under Article 226 of the Constitution of India take exception to the orders dated 22nd August, 2002 passed by the learned Principal Judge, City Civil Court, Mumbai and the orders of the Assistant Commissioner (Markets) dated 9th July, 2002 and 1st August, 2002 (orally conveyed). By the orders dated 22nd August, 2009, the appeals filed by the petitioners abovenamed were held to be not maintainable in view of the fact that the orders against which the appeals were filed were not appealable as they were not passed under Section 105B of the Bombay Municipal Corporation Act, 1888, hereinafter, for the sake of brevity, referred to as "the said Act".
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The facts in a nutshell can be stated thus:
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The petitioner in Writ Petition No. 5989 of 2002 claims through one Mohammed Afzal, who was allotted dry fish space stall No. 5 in Chhatrapati Shivaji Market, Mumbai. It is the case of the said petitioner that the said Mohammed Afzal executed a naukarnama in favour of the petitioner. It is further the case of the petitioner that the Municipal Corporation has accepted the petitioner as a licensee and started collecting rent from him. The petitioner in the said petition was issued a show cause notice for arrears of rent. After issuance of the second show cause notice, rent was collected from the petitioner for the period April, 1996 to December, 1996. The petitioner was again issued show cause notices on 18th February, 1999 and 6th March, 1999, pursuant to which the petitioner again paid the rent and Municipal Corporation accepted the same. It appears thereafter on 9th July, 2002, the respondents have passed an ex parte order and directed the petitioner to vacate the premises. It is against the said order dated 9th July, 2002 that the petitioner filed an Appeal before the learned Principal Judge, City Civil Court, Mumbai, which appeal came to be disposed of by an order dated 22nd August, 2002 on the grounds mentioned earlier.
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In so far as petitioners in Writ Petition No. 5990 of 2002 are concerned, the said petitioners claim to be licensees of the Municipal Corporation by virtue of an oral agreement in respect of dry fish space stall No. 4 in the said Chhatrapati Shivaji Market at Mumbai. It is the case of the petitioners that the rent receipts were issued in the name of the partners of the petitioners, who thereafter left Mumbai, as a consequence of which the petitioners took over the business. It is...
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