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Bombay High CourtWP/4759/2023disposed off

Rameshwar Enterprises Thr Its Proprietor v. Mira Bhayander Municipal Corporation And ORS

2023-05-03Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice R. N. Laddha1 pages

7-wp 4759-23.odt PRAJAKTA SAGAR VARTAK PRAJAKTA SAGAR VARTAK Date: 2023.05.03 17:45:51 +0530 Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4759 OF 2023 M/s. Rameshwar Enterprises .Petitioner Vs.

Mira Bhayander Municipal Corporation & Ors.

.Respondents __________ Mr. Chandan Jaiswal for Petitioner.

Mr. N. R. Bubna for Respondents.

__________ CORAM :

G. S. KULKARNI & R. N. LADDHA, JJ.

DATE :

MAY 03, 2023 P.C.:

1.

We have heard learned counsel for the petitioner. The grievance of the petitioner is in respect of an unauthorized stall, which is subject matter of the petitioner's representation dated 26 October, 2022 (page 87 of the petition).

2.

Considering the facts and circumstances of the case, although the municipal corporation is not represented, we are of the opinion that no prejudice would be caused to the municipal corporation, if considering the interest of justice, we direct the municipal corporation to decide the petitioner's representation dated 26 October, 2022 in accordance with law after an opportunity of hearing is granted to the petitioner. Let a decision on the petitioner's representation be taken within 15 days from the date this order is presented by the petitioner to the Designated Officer of the municipal corporation.

3.

All contentions of the petitioner are expressly kept open. 4.

Disposed of in the above terms. No costs.

[R. N. LADDHA, J.] [G. S. KULKARNI, J.] ------------------------- 03 May, 2023