Irphan Aman Mogul And Aman Mogul v. The Assistant Commissioner, Mcgm And 2 ORS

14 wpl532-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO.532 OF 2017 Office Notes, Office Memorandum - Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.S.A.Sawant i/b Mr.A.P.Deshmukh for the petitioner Ms.Shital Mane for the respondent CORAM : K. K. TATED, J.

DATE : FEBRUARY 28, 2017 P.C.:

Heard the learned counsel for the parties.

By this petition under Article 227 of the Constitution of India, the Petitioner challenges the notice dated 9.2.2017 issued by respondent Medical Officer of Health H/West Ward directing petitioner to discontinue the use of extra outside space for service activity failing which Corporation will take legal action under section 394 of the Mumbai Municipal Corporation Act, 1888.

The learned counsel for the petitioner submits that during the pendency of the present petition, they filed reply dated 24.2.2017 with the Municipal Corporation, H/West Ward, Mumbai 400

050. He submits that the respondent to consider Mohite 1/2

14 wpl532-17 the reply as early as possible. He submits that he received instruction from his client to withdraw the present petition in view of the reply filed by them with respondent no.2. To that effect, he has given in writing on Farad. Same is taken on record and marked 'X' for identification.

Same is accepted.

Hence, following order is passed:

a) Writ Petition stands disposed of as withdrawn.

b) Respondent no.2 is directed to consider the petitioner's reply dated 27.2.2017 to their notice dated 9.2.2017.

c) It is made clear that court has not passed any order in favour of petitioner at this moment.

d) Respondent to consider the petitioner's reply without influencing the order passed by this court.

JUDGE Mohite 2/2