Shop Cj Network Private Ltd And ANR v. Dy. Divisional Officer, Bhiwandi Division And ANR

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11700 OF 2015 Shop CJ Network Private Limited and Anr.

... Petitioners Vs Deputy Divisional Officer, Bhiwandi Division and Anr.

... Respondents Dr.Virendra Tulzapurkar, Senior Advocate a/w Mr.Sanjay V. Kadam, Ms.Apeksha Sharma and Mr.Sanjeel Kadam i/b Kadam & Company, for the Petitioners.

Mr.Nitin Deshpande AGP for the Respondents.

CORAM : V.M.KANADE & REVATI MOHITE DERE, JJ.

DATE : 27th NOVEMBER, 2015 P.C. :

1.

The grievance of the petitioners is that without giving a hearing, the respondents proposed to take coercive steps against the petitioners and demolish the structure constructed by the owner in which the petitioners are licensees.

2.

We have seen the Show-Cause-Notice dated 17th

2/3 November, 2015. The Show-Cause-Notice in terms state that the petitioners shall be heard on 20th November, 2015 at 4.00 p.m. Accordingly, the petitioners approached the concerned authorities on that day whereas the respondents did not approach the authorities. 3.

In our view instead of deciding the said controversy, it would be appropriate if a direction is given to the petitioners to appear before the concerned Authority on a day which is fixed by consent of both the parties and after giving a hearing pass an order in accordance with law.

4.

The petitioners shall appear before the concerned Authority on next Friday i.e. 4th December, 2015 at 11.00 a.m. The concerned Authority shall give a hearing to the petitioners and pass a reasoned order.

5.

In the event an adverse order is passed, the same may not be given effect for a period of one week.

3/3 6.

Writ Petition is disposed of in the aforesaid terms. All contentions raised by the parties are kept open. 7.

Parties are directed to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

V.M.KANADE, J.