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Bombay High CourtWP/2571/2016

Arif Sayyed Hussain And 9 ORS. v. The Commissioner Municipal Corporation Of Greater Mumbai And 3 ORS.

2016-10-18Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

910_wpl_693_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.693 OF 2016 Arif Sayyed Hussain & Ors.

...Petitioners

Versus

The Commissioner of Municipal Corporation of Greater Mumbai & Ors.

...Respondents

...

Mr. S.A. Sawant for the Petitioners.

Mrs. Shobha Ajitkumar for BMC.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 18th OCTOBER, 2016.

P. C. :

At the outset Mr. Sawant the learned counsel for the Petitioners makes a statement that he is restricting the petition to the relief claimed in prayer clause (b). Statement is accepted. 2.

Having heard the learned counsels appearing for the respective parties, we deem it convenient to dispose of this petition by directing the Respondent No.2-Assistant Commissioner, Municipal Corporation of Greater Mumbai, P-South Ward, Goregaon (West), Mumbai-62, to decide the Petitioners' representation dated 8th March, Megha 1/2

910_wpl_693_2016.doc 2016, copy of which is annexed at Exh.'I' at page 105 of the petition, as expeditiously as possible and preferrably within a period of 8 weeks from the date of receipt of copy of this order. Ordered accordingly. 3.

It is made clear that we have not gone into the merits of the petition and the said representation. The Assistant Commissioner, Municipal Corporation of Greater Mumbai, P-South Ward , shall decide the said representation of Petitioners independently and in accordance with law. All points and contentions of the respective parties are expressly kept open.

4.

Till the decision on the said representation, ad-interim relief granted on 10.3.2016 and continued from time to time, shall remain in operation. In the event, decision on the said representation is adverse to the interest of the Petitioners, same shall not be implemented for a period of two week from the date of communication of the same to the Petitioners.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Megha 2/2