Pashu Shringar Vikreta Sangh v. Ujjain Municipal Corporation
2001-11-20
A.M.SAPRE
body2001
DigiLaw.ai
ORDER 1. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners challenge the order dated 29.10.2001 (Annexure P-6) by which the permission applied for by one of the petitioners (No.2) for allowing the petitioner to put up temporary shop on public foot-path, is refused. 2. Petitioners claim to be a petty shopkeepers at Ujjain. One of the petitioners (No.2) applied to Municipal Corporation, Ujjain, the respondent permitting the petitioners to install their shops on Foot-Path. The Corporation by impugned order declined this permission and further observed that Corporation is contemplating to provide some alternative arrangement for establishment of shops. It is this order which is impugned in this writ. 3. Heard Shri S.S. Samvatsar, learned counsel for petitioners on the question of admission finally. 4. Having heard learned counsel for petitioner and having perused the record of the case, I find no merit in the writ, worth admission. Even according to petitioners themselves, they have no right to install a shop on any Foot-Path. They, therefore, applied for installing the shop to Corporation. It is the prerogative of the Corporation to grant permission or refuse. The petitioners cannot insist for want of any of their legal right that they are bound to be granted permission once applied. 5. I, thus, fail to appreciate as to how and in what manner any of the petitioners' legal right is infringed as a result of not granting them permission. It is not the case of petitioners that they want to do this business on their land and for that they are seeking permission, it is also not their case that no permission is required to carryon this business. 6. In view of aforesaid discussion, I find no merit in the writ. It is accordingly dismissed in limine and without notice to the other side.