M/S. Vashi Petroleum And ANR v. The State Of Maharashtra Through Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9430 OF 2016 M/s. Vashi Petroleum & Anr.

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Petitioners

Versus

The State of Maharashtra and Ors.

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Respondents Mr. Pol i/by M/s. Pol Legal Juris for the petitioners. Mrs. M.P. Thakur, AGP for respondent No. 1 State. Mr. S.V. Marne for respondent nos. 2 and 3.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : AUGUST 11, 2016.

P.C.

Not on board. Mentioned for urgent production. Production granted in view of urgency.

2.

Parties through their counsel.

3.

The grievance of the petitioners is that inspite of the reply to the notice dated 5.8.2016 (Exhibit. A) was filed on 8.8.2016, no decision has been taken by the Ward Officer, "D" Ward Office, Navi Mumbai Municipal Corporation, Turbhe and the said officer is threatening to seal the petrol pump in question belonging to the petitioners. Learned Counsel for the petitioners submits that the petitioners are having all the necessary certificates (Occupation

p19-wp-9430.2016.sxw Certificate and other documents) to justify the fact that the notice dated 5.8.2016 needs to be withdrawn. Be that as it may, we are of the view that the petition deserves to be disposed of by directing respondent nos. 2 and 3 to examine the petitioner's documents and thereafter take an appropriate decision on it in accordance with law. Till such decision is taken, no coercive steps be taken against the petitioners in pursuance of the impugned notice dated 5.8.2016. The decision as aforesaid be taken within three weeks from today. Writ Petition stands disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)