Devang Dinesh Parmar v. Mumbai Municipal Corporation A Statutory Corporation And 5 ORS

wp-381.15 os pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.381 OF 2015 Devang Dinesh Parmar ... Petitioner Vs.

Mumbai Municipal Corporation and Ors.

... Respondents ------------ Mr. Devang Dinesh Parmar, Petitioner in person. Mr. M.A. Sayed, AGP, for Respondent - State.

Ms. Uma Sharma i/by M/s. Dharam & Co., for Respondent No.5. Mrs. Shobha Ajitkumar, for Respondents - BMC. CORAM : A.S. OKA & A.P. BHANGALE, JJ.

DATE : 23rd MARCH, 2015 P.C.

.

Heard the Petitioner appearing in person and the learned counsel representing first to fourth Respondents. We have heard the learned counsel appearing for Respondent No.5. Without going into the issue of locus of the Petitioner, we direct the second Respondent to nominate an appropriate officer to visit the premises of the Respondent No.5 with a view to ascertain whether the Respondent No.5 is carrying on any business which is not permitted in accordance with law. We make it clear that the officer nominated by the second Respondent shall

wp-381.15 os visit the premises occupied by the Respondent No.5 without notice to any of the parties. The officer who visits the premises shall submit a report along with an affidavit within a period of three weeks from today.

2.

We make it clear that merely because the Petition filed by the Petitioner is pending, the Petitioner is not entitled to visit the premises of the Respondent No.5 and to take photographs of the premises without prior permission of this Court. Affidavit as aforesaid shall be filed within a period of two weeks from today. Place the Petition on 13th April, 2015.

(A.P. BHANGALE, J) (A.S. OKA, J )