Mrs. Saroj Bideshwar Jha v. Thane Municipal Corporation

p18-wo-9427.2016.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9427 OF 2016 Mrs. Saroj Bideshwar Jha ...

Petitioner

Versus

The Thane Municipal Corporation ...

Respondent Mr. Sandeep Mishra a/w Mr. Prakash Mishra for the petitioner. Mr. Mandar Limaye for the respondent Corporation. Mr. Asif Patel, AGP for the State.

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.

Learned counsel for the petitioner made a categorical statement that he will withdraw the suit filed against the order dated 31.5.2016 Exhibit. D before the Civil Judge, Senior Division, Thane within one week from today. Recording the said statement as also recording the statement made by the learned counsel for the petitioner, that the contention of the Corporation that the petitioner has raised an unauthorized construction is also accepted

p18-wo-9427.2016.sxw and the petitioners will be making an application for regularization within two weeks, we are inclined to dispose of this petition by directing the Corporation to consider the petitioner's application for regularization in case the same is made within three weeks from today and in case petitioner submits a copy of the order from the Civil Court recording withdrawal of the suit. The Corporation shall decide the application for regularization as may be filed within three weeks from the date of its receipt. Till then, no coercive steps shall be taken against the petitioner in pursuance of the impugned notice. Petition stands disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)