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Deva Bapat   27 December 2019

shop act related

Namaskar,
I stay in Pune, the road that I stay on is narrow and has a building on the corner where there is a tea shop in a gala.
The tea vendor prepares tea inside the shop but distributes it on the road to say more than 50 people.
This creates several problems to residents in the locality. I am not listing the problems here in the interest of keeping this note in brief.
The query being is it legal to serve tea on the road? Are there any shop act provisions? Can there be a legal remedy to prevent the vendor from distributing tea outside his shop on the road?
Kindly guide and suggest a solution.
If there is a solution I am more than willing to take all the necessary steps.
Thanking you in advance.
With warm regards,
Devavrat Bapat
9822012721


Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     28 December 2019

Make a formal complaint to Police on nuisance and obstruction of Road and seek their guidance with photographs in busy time.  Please remember that this may generate negative feelings or actions against you and your family in future.

1 Like

Deva Bapat   28 December 2019

Appreciate your response we have already done that and the local police knows about it

Deva Bapat   28 December 2019

Really looking for a legal remedy

T. Kalaiselvan, Advocate (Advocate)     29 December 2019

This is no doubt an illegal act and a public nuisance especially for the vehicular traffic. 

The pedestrians can somehow manage to walk through.

If the police is reluctant to take any action on it you may give a complaint to the local civic body along with the signature of few like minded people for an effective action against this menace.

 

Dr J C Vashista (Advocate)     29 December 2019

File a complaint with local municipality and wait for reasonable time.

If no action is taken by municipal authorities file a suit u/s 91 CPC for permanent and mandatory injunction through a local prudent lawyer after seeking prior permission of the city civil Court.

It is advisable to consult a local prudent lawyer for better appreciation of facts/ documents for professional guidance and proceeding.

Deva Bapat   29 December 2019

Highly appreciate your guidance

Deva Bapat   29 December 2019

I am in Pune Maharashtra will look for a prudent lawyer to do the needful

Deva Bapat   29 December 2019

Can you please comment on what should be the legal expenses and lawyer fees

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