Golden Natraj Bar And Restaurant v. Asst. Commissioner And ANR.

908 & 909 - wp-13285 & 13286-16 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13285 OF 2016 Golden Natraj Bar & Restaurant .. Petitioner Vs.

Asst. Commissioner, Thane Municipal Corporation and anr.

.. Respondents WITH WRIT PETITION NO. 13286 OF 2016 Shri Rajesh Mali .. Petitioner Vs.

Asst. Commissioner, Thane Municipal Corporation and anr.

.. Respondents Mr. Atul Damle, Senior Advocate i/by Mr. Mayuresh S. Lagu for petitioners.

Mr. N. R. Bubna for respondents-Corporation.

CORAM: NARESH H. PATIL & M. S. KARNIK, JJ.

NOVEMBER 30, 2016.

P.C.

1.

Petitioners are aggrieved by notice dated 23/11/2016 issued by the Corporation under Section 260 of the Maharashtra Municipal Corporation Act, 1949.

908 & 909 - wp-13285 & 13286-16 2.

Learned Senior Counsel appearing for the petitioners undertakes that the petitioners would submit their reply/ representation by appearing personally or through their authorized representatives on Monday 5/12/2016 before the appropriate authorities. In case the petitioners act accordingly, we direct the Corporation to consider their record and the reply/representation submitted by the petitioners and pass appropriate orders in accordance with law after following principles of natural justice, which would include hearing the petitioners. Till the Corporation passes order and communicates to the petitioners, status quo as on today be maintained. In case the Corporation passes adverse order against the petitioners, then same shall not take effect for a period of ten days from the date of receipt of the order.

3.

Petitions are disposed of accordingly.

(M. S. KARNIK, J.) (NARESH H. PATIL,J.)