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Bombay High CourtWP/231/2015

Narendra Lalmani Mishra v. The Municipal Corporation Of Greater Mumbai

2015-01-14Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice V.M. Kanade2 pages

- 1 - (WPL 54 of 2015) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 54 OF 2015 Narendra Lalmani Mishra ....Petitioner Vs.

Municipal Corporation of Greater Mumbai ....Respondents *********** Mr.Kamlesh Tiwari for Petitioner Mr.M.M. Malvankar for Respondents *********** CORAM : V. M. KANADE REVATI MOHITE DERE DATE : JANUARY 14, 2015 P.C. :

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The Petitioner is seeking an appropriate writ, order and direction, permitting him to make an application before E.E. (B.P.) city for getting his structure regularized. The learned counsel for the Petitioner has submitted that pursuant to the direction given by the Division Bench of this Court on 27th June, 2005 which was passed in Writ Petition No. 1313 of 2005, hearing was given to the Petitioner's father and the Assistant Commissioner, 'D' Ward by his order dated 31.7.2005 was pleased to direct the Petitioner's father to make an application for regularization within three months from the receipt of the said order. The contention of the Petitioner is that his father had expired soon thereafter and even his advocate, who was appearing on behalf of his father, was also expired and, therefore, the said application could not be filed within three months. It is submitted that an opportunity may be given to the Petitioner to make an application for regularization.

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- 2 - (WPL 54 of 2015) 2.

The Petitioner is permitted to file his application for regularization within four weeks from today. Upon such an application being filed, the competent authority shall consider the case of the Petitioner for regularization and pass an appropriate orders in accordance with law. The impugned notice shall not be acted upon for a period of four weeks. Liberty is granted to seek further interim relief from the competent authority. With these directions, the writ petition is disposed of.

[REVATI MOHITE DERE, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2