Shri. Chandrakant Shetty v. The Kalyan Dombivli Municipal Corporation, Through Municipal Commissioner And ORS

31) wp2787-13 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2787 OF 2013 Chandrakant Shetty ..Petitioner.

V/s.

The Kalyan Dombivli Municipal Corporation and Ors. ..Respondents.

Mr.Siddharth R. Ronghe for the petitioner.

Mr.A.S.Rao for respondent Nos.1 to 3.

Mr.R.D.Suryawanshi for respondent No.4.

CORAM : A.S.OKA AND V.L.ACHLIYA, JJ.

DATED : 28TH SEPTEMBER, 2015 P.C. :- 1.

The learned counsel appearing for the Municipal Corporation has placed on record a copy of the order dated 27th November, 2013 passed by the In-charge Assistant Director of Town Planning of the Municipal Corporation. The learned counsel appearing for the petitioner states that the petition will not survive in view of the said order.

2.

Considering the only substantive prayer in terms of prayer clause (a), in view of the order dated 27th November, 2013 nothing survives in the petition. If the petitioner has any grievance about the legality and validity of the order dated 27th November, 2013, the petitioner will have to challenge the said order in accordance with law. By keeping the remedy of the petitioner open, the petition is disposed of. All contentions on merits are kept open. (V.L.ACHLIYA, J.) (A.S.OKA. J.) 1/2

31) wp2787-13 C E R T I F I C A T E and correct copy of original signed Judgment / Order. 2/2