Case name: Rajinder Singh Sohan Singh v. The Municipal Corporation of greater Mumbai & Anr.
Case Number: 3004 of 2019
Court: High Court of Judicature Bombay
Date: Monday, the Third day of November, Two Thousand Twenty-Five
Quorum: Firdosh P. Pooniwalla, J.
FACTS
The petitioner, Rajinder Singh Sohan Singh, is an ex-serviceman, who served in the Indo-Pak war during 1965 and 1971 and suffered disability. He was granted a license from Municipal Corporation of Mumbai and owned a stall named, Jai Jawan Stall and sold Fried Fish. The inspection reports from 2018 and 2019 clearly stated that he strictly operated according to the license and sold fish inside the stall using an electric induction vessel.
On 14th of August 2019, the Senior Inspector (License) H/West Ward, issued an order seeking the Petitioner to stop the selling of the fish, not following of which will lead to the cancellation of his license. This order was based on a Circular dated 2018-19. The Petitioner challenged it before the High Court.
ISSUES
- Whether the order dated 14th August 2019, to stop the petitioner selling fish was legally valid.
- Whether selling fish in an electric induction vessel inside a stall violated any municipal prohibition.
LEGAL PROVISIONS
- Maharashtra Municipal Corporation Act (regulating issuance and cancellation of stall licenses)
- Constitution of India- Article 14, 19(1)(g), 21(equality before law, to practise any profession, or to carry on any occupation, trade or business, Protection of life and personal liberty)
ARGUMENTS
Petitioner
The petitioner argued that he had been granted license to sell fish. The inspection verified compliance, and was also found that he was using electric induction vessel and he was selling inside a stall not in a footpath in open or with any hazardous equipment. The petitioner was also not using any gas or grill but an electric induction vessel. Therefore, applying the Circular to him, amounted to arbitrary and unjust interference with his livelihood.
Respondent (Municipal Corporation)
The Respondent argued that the Petitioner was selling Fish Fry on streets or on Footpaths and thus want the petitioner to stop continuing his business.
ANALYSIS
The Hon’ble Court checked the circular properly and came out with the finding that the circular only prohibited the use of Gas or Grill and selling food on the Footpaths.
However the petitioner was not changing the commodity and was selling Fish Fry that was permitted that was already permitted. He was not cooking on some footpath but inside a designated and licensed stall named, Jai Jawan Stall. He was also not using any gas or grill but was using an Electric Induction Vessel that was not prohibited under any law.
Therefore applying such law to an ex-service man, who was following all the provisions of law was arbitrary and illegal.
JUDGEMENT
The order of 14th of August 2019 asking the petitioner to stop the business was ordered to be illegal. The petition of the petitioner asking the Court to let him continue with his business of selling Fish Fry was allowed, in terms of Prayer, a) continue selling fish fry in his stall
The Court held that the order did not apply to the petitioner’s situation as he was following all the laws, and the Municipal Corporation’s order was illegal and not as per the circular for the Petitioner’s situation.
All Pending applications were disposed of stating infructuous.
CONCLUSION
The judgement underlines that a person’s license cannot be cancelled arbitrarily, curtailing his livelihood, especially, when he is adhering to all the terms and conditions. It is also affirmed of the principle that legal circulars cannot be applied mechanically without taking into consideration purpose, context and factual circumstances of a person. The court upheld protecting a petitioner’s right fairness, reasonableness and rehabilitation of ex-serviceman.
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WRITTEN BY- SOUMITA CHAKRABORTY
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