Manojkumar Prakash Sharma v. The Municipal Coarporation Of Greaer Mumbai And ANR

SKC 24-wp-940-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 940 OF 2016 Manojkumar Prakash Sharma ..Petitioner versus The Municipal Corporation of Greater Mumbai & Anr.

..Respondents ---- Mr. I. K. Tripathi i/b. Mr. C. K. Tripathi for Petitioner. Ms Vandana Mahadik for Respondent - MCGM.

---- CORAM: A. S. OKA & M. S. SONAK, JJ.

DATE : 18TH DECEMBER 2017 P. C. :

1] The learned counsel appearing for the petitioner on instructions states that the stall subject matter of this petition is in existence as of today and the same has not been removed or demolished. The learned counsel appearing for the respondents states that she has no instructions on this aspect.

2] If what is stated by the petitioner is correct, this petition which is filed on the basis of apprehension that the stall will be demolished without due process of law need not be entertained. Petition was filed on 9th February 2016. There is no ad-interim or interim relief granted in this petition.

3] Hence, we dispose of the petition with liberty to file appropriate proceedings if occasion to do so arise.

(M. S. SONAK, J.) (A. S. OKA, J.) Chandka SKC