Bombay High Court
Devdas Sadashiv Shetty vs The State Of Maharashtra Thr Its ... on 22 December, 2021
Bench: A.A. Sayed, Abhay Ahuja
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8862 OF 2021
DEVDAS SADASHIV SHETTY ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
WITH
WRIT PETITION (STAMP) NO.24021 OF 2021
VIRENDRA AITHAPPA SHETTY ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
WITH
WRIT PETITION (STAMP) NO.24022 OF 2021
RAKESH HANSRAJ JAIN ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
WITH
WRIT PETITION (STAMP) NO.24023 OF 2021
SARBJEET SINGH MANCHANDA ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
WITH
WRIT PETITION (STAMP) NO.24024 OF 2021
DARSHAN KAUR VAZIR SINGH VASAN ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
WITH
WRIT PETITION (STAMP) NO.24025 OF 2021
SINDHU TUKARAM DESHMUKH ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
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WITH
WRIT PETITION (STAMP) NO.24026 OF 2021
SUKHMINDER KAUR KARTAR SINGH DHILLON ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
WITH
WRIT PETITION (STAMP) NO.24027 OF 2021
MAHESH SHIVARAM PUTHRAN ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
WITH
WRIT PETITION (STAMP) NO.24028 OF 2021
NAGENDRA RAMRAJ YADAV ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
WITH
WRIT PETITION (STAMP) NO.24029 OF 2021
KASHINATH PIRAJI DEGE ....PETITIONER
V/S
THE STATE OF MAHARASHTRA & ORS. ....RESPONDENTS
...
Mr. Surel Shah with Mr. Saurabh Butala, Mr. Harshad Sathe for the
Petitioner.
Mr. Anand Kulkarni for Respondent No.3 in WP Stamp No.2029 of 2021.
Mr. Chirag J. Shah for the Respondent-Corporation in WP Stamp
Nos.24020 of 2021, 24021 of 2021 and 24022 of 2021.
Mr. Chirag J. Shah for Respondent No.2 in WP Stamp No.24021 of 2021
and 24022 of 2021 and WP 8862 of 2021.
Mr. A.I. Patel, Additional GP with Mr. A.A. Alaspurkar, AGP for the
Respondent-State.
Mr. N.R. Bubna for Respondent nos.2 and 3-Thane Municipal Corporation
in WP (Stamp) Nos.24023 of 2021 and 24024 of 2021.
Mr. Mandar Limaye for Respondent Nos.2 and 3 in WP Stamp Nos.24025
of 2021 and 24026 of 2021.
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CORAM : A.A. SAYED &
ABHAY AHUJA, JJ.
DATE : 22 DECEMBER 2021.
P.C.:
1 All these Petitions impugn the order dated 20 July 2021 of the
Respondent No.3-Assistant Commissioner, Thane Municipal Corporation.
By the said order, the Restaurant and Bar of the Petitioners have been
directed to be sealed on the ground that there have been violation of the
COVID-19 norms at their Restaurant and Bar. The Restaurant and Bar of
the Petitioners have remained sealed since 20 July 2021.
2 Learned Counsel for the Petitioners has placed on record a copy of
the order dated 29 November 2021 of the Respondent-Thane Municipal
Corporation pertaining to the COVID-19 norms to be followed. It is
contended that nowhere in the said order power has been conferred to seal
Restaurant and Bar for violation of COVID-19 norms. Learned Counsel for
the Petitioners has placed reliance on the judgment of the Division Bench of
this Court in Bin K. Kuriakose & others vs. Commissioner, Municipal
Corporation, 2010(4) Mh.L.J. 239 wherein it is held that the Assistant
Commissioner of the Respondent-Corporation has no power or authority to
take action under the Disaster Management Act and such power can be
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exercised only by the District Authority contemplated under the said Act.
The learned Counsel for the Respondent-Corporation have not placed on
record anything to show under what provisions of law does the Respondent
No.3-Assistant Commissisoner derive powers to seal the Restaurant and
Bar of the petitioenrs. Even otherwise, we find that the Restaurant and Bar
of the Petitioners has now remained sealed/closed and the Petitioners have
been out of business for about five months now, which prima facie violates
the Petitioners' rights under Article 19(1)(g) of the Constitution. The
impugned order of the Respondent No.3-Assistant Commissioner is without
authority of law and cannot be sustained.
3 In the circumstances, we set aside the impugned order dated 20 July
2021. The Respondent-Corporation is directed to de-seal the Restaurant
and Bar of the Petitioners forthwith. It will be open for the Respondent-
Corporation/District Authority to come out with appropriate policy for more
strict consequences to ensure adherence of the COVID-19 norms by the
Restaurants and Bars, if so adviced. The Petitioners shall file an
Undertaking in this Court on or before 28 December 2021 that the COVID-
19 protocols shall be followed in all respects at the Restaurant and Bar of
the Petitioners. If such undertakings are not filed, the benefit of this order
shall not be available to the Petitioners.
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4 The Petitions are allowed in the aforesaid terms.
5 All concerned to act on authenticated copy of this order.
(ABHAY AHUJA, J.) (A.A. SAYED, J.)
katkam
Digitally signed
by SUDARSHAN
SUDARSHAN RAJALINGAM
RAJALINGAM KATKAM
KATKAM Date:
2021.12.23
11:58:24 +0530
