Ratnakar R Shetty And ANR v. Mira Bhayandar Mahanagar Palika And ORS

/K 1/2 7 WP 9389.21 as

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 9389 OF 2021 Ratnakar R Shetty And Anr

...Petitioner(s)

Versus

Mira-Bhayandar Mahanagar Palika And Ors ...Respondent(s) Mr. Nilima Sanglikar for the Petitioners.

Mr. M.S. Lagu for Respondent Nos.1, 2 and 3-MBMP.

CORAM:

A.A. SAYED & ABHAY AHUJA, JJ DATED:

22nd December, 2021 PC:- The Petitioner has essentially challenged the notice under section 478(1) of the Maharashtra Municipal Corporation Act, dated 27 November 2020 (wrongly mentioned as 24 November 2020). Learned Counsel for the Respondent-Corporation has tendered a copy of an Undertaking of the Respondent-Corporation which has been filed by the Respondent-Corporation in Regular Civil Suit No.492 of 2020 before the Civil Judge Senior Division at Thane wherein it is stated that the RespondentCorporation has undertaken to withdraw the impugned notice dated 27

/K 2/2 7 WP 9389.21 as November 2020. It is further stated that the Respondent-Corporation shall follow due process of law.

In view of the above, nothing survives for consideration in the Petition. The Petition is disposed of. We record the statement of learned Counsel for the Respondent-Corporation that the Petitioners who are tenants/ occupiers shall also be given a notice and due process of law shall be followed prior to taking any action which affects the Petitioners. (ABHAY AHUJA, J.) (A.A. SAYED, J.)