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Bombay High CourtWP/744/2014disposed off

Chitra Maruti Shelar v. The Municipal Corporation Of Gr. Mumbai And ORS

2018-03-13Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

wp-744.14 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.744 OF 2014 Smt. Chitra Maruti Shelar ... Petitioner Vs.

The Municipal Corporation of Gr. Mumbai and Anr.

... Respondents Mr. Popat R. Rathod for the Petitioner.

Mr. A.Y. Sakhare, Senior Counsel a/w Ms. Pallavi Thakar for the Respondent - BMC.

CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

13th MARCH, 2018 P.C.

The learned counsel appearing for the petitioner states that a copy of the order passed on 6th March, 2018 by the Municipal Commissioner has been served to the petitioner. The copy is taken on record and marked 'O-1' for identification. The learned counsel appearing for the petitioner states that the petitioner has accepted the said order (marked as 'O-1'). He also states on instructions of the petitioner who is personally present in the Court that in the light of the said order of the Municipal Commissioner, the petitioner will not prosecute Case No.3008 of 2013-2014 filed by her before the

wp-744.14 Maharashtra State Human Rights Commission and that she will withdraw the said case. We accept both the statements. In view of the aforesaid statements, the petition need not be kept pending and we dispose of the same by passing the following order :-

ORDER

(i) As the petitioner has accepted the order dated 6th March, 2018 we direct the Deputy Municipal Commissioner (Zone-II) to take necessary action as expeditiously as possible subject to the petitioner complying with the condition imposed in the order;

(ii) The petitioner is directed to ensure that on the next date fixed before the Maharashtra State Human Rights Commission, Case No.3008/2013-2014 is withdrawn;

(iii) In the event the case is not withdrawn, the Municipal Corporation will be entitled to produce a copy of this order before the Maharashtra State Human Rights Commission to enable the Commissioner to pass appropriate order; (iv) The Petition is disposed of on above terms.

(RIYAZ I. CHAGLA, J) (A.S. OKA, J)