Mohmmad Shafi v. Municipal Corporation Of Greater Mumbai And 2 ORS

1 of 2 PB.910.207.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.207 OF 2017 Mohammad Shafi Petitioner versus Municipal Corpn. of Greater Mumbai and others Respondents Mr.P.C.Kansara i/by Kansara & Thanekar for Petitioner. Ms.Vandana Mahadik for Respondents-MCGM.

CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATE :

1st February 2017 PC :

1.

Heard. The grievance of the Petitioner is that though he has applied for grant of license under Section 394 of Mumbai Municipal Corporations Act for running the guest house, the first in the year 2014 and then recently on 10th January 2017, before Respondent no.2, the said applications have not been considered and decided as yet. Learned counsel for Respondents submits that the Petitioner is running the said business even without license and, therefore, notice dated 5th January 2017 (Exhibit-G to the petition) was issued to the Petitioner.

2.

Be that as it may, we find that Petitioner's applications filed in the years 2014 and 2017 have to be considered and decided by Respondent no.2 in accordance with law. In the circumstances, we dispose of this petition by directing Respondent no.2 to examine

2 of 2 PB.910.207.2017 Petitioner's applications filed in the years 2014 and 2017 and take appropriate decisions on them in accordance with law as expeditiously as possible and preferably within two months from the date of receipt of a copy of this order.

3.

Till the matter is decided by Respondent no.2 as aforesaid, no coercive steps be taken against Petitioner in pursuance of notice dated 5th January 2017.

4.

The petition stands disposed of.

(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) MST