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Bombay High CourtWP/907/2017

Sonya Kapur v. Executive Engineer, C2 Division And 5 ORS

2018-07-04Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

901 wp 907-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 907 OF 2017 Mrs. Sonya Kapur .. Petitioner v/s.

Executive Engineer, CR Division & 5 Ors.

..Respondents Mr. Mayur Agarwal a/w. Mr. R.P.Jain i/b. Alpha Chambers for the Petitioner.

Mr. V.M.Parshuramai for the Respondent Nos.1, 4 and 5. Mr. M.V.More, AGP for the Respondent/State.

Mr. Santosh Pathak for the Respondent Nos.7 to 13. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : JULY 04, 2018.

P.C. :

1.

The petition is filed for following reliefs:

(a) this Hon'ble Court be pleased to issue a writ of mandamus, or writ in the nature of mandamus or any other writ or direction directing the respondent no.1 to forthwith issue a notice to the respondent no.2 to stop the work carried on by the respondent no.2 at the said building.

(b) this Hon'ble court be pleased to issue a writ of salgaonkar

901 wp 907-17.doc prohibition or a writ in the nature of prohibition or any other writ or direction prohibiting the respondent no.1 to allow the respondent no.2 from carrying on repair work or any other work at the said building."

2.

By order dated 8th March, 2017, this Court had declined to grant interim relief. Meanwhile, the repair work of subject building is already completed.

3.

The learned counsel for the respondent nos.7 to 13 in this regard, placed on record communication dated 7th December, 2017, by the Executive Engineer C-2 Division, M.B.R. & R. Board, to the Tenants/Occupants, Building No.270-274, stating that the structural repair work of the building is completed as per norms and finishing work such as tiling, flooring, electricity, painting etc is to be done by the tenants/occupants of the building at their cost. 4.

In the light of the above, the learned Counsel for the petitioner seeks leave to withdraw the petition. Leave granted. Petition is dismissed as withdrawn.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) salgaonkar