Fatmabai Binte Nakhuda Mohammed Ameen Rogay Religious And Charitable Trust And ORS v. Municipal Corporation Of Greater Mumbai And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.25 OF 2013 IN WRIT PETITION NO.639 OF 2012 Fatmabai Binte Nakhuda Mohammed Ameen Rogay Religious and Charitable Trust and Ors. .. Petitioners Vs.

Municipal Corporation of Greater Bombay and Anr. .. Respondents Mr. G.R. Mishra for the Petitioners.

Mr. Kunal Waghmare, i/by Mr. Sunil K. Sonawane, for the Respondent-MCGM. Mr. Ananta Tayde, Asst. Engineer (I/c.), Water Works, "C" Ward, MCGM, is present.

CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, JJ DATE : 9 TH AUGUST, 2023.

P.C. :

1.

Heard learned counsel for the respective parties. 2.

The apprehension of the petitioners is that although the water supply connection has been restored, in future, the respondent-Municipal Corporation may take action against the petitioners in pursuance of the notice impugned in the writ petition dated 13 th October 2011 and, therefore, the learned counsel for the review petitioners submits that it is necessary to recall the order dated th March 2013, so that the prayer made with regard to the impugned notice would be appropriately considered by this court. 1/2 3-RPW-25-2013.doc Dixit

3.

Learned counsel for the respondent-Municipal Corporation, on instructions of the officer Mr. Ananta Tayde, Asst. Engineer (I/c.), Water Works, "C" Ward, MCGM, who is personally present in the court, states that the Municipal Corporation has no proposal to take any action against the petitioners in pursuance of the said notice as the water supply connection is already restored.

4.

In view of the above, we find that there is no reason for the petitioners to nurture the apprehension, as expressed before us, any more and this should suffice the purpose of the petition. Review Petition is disposed of accordingly. [ RAJESH S. PATIL, J. ] [ SUNIL B. SHUKRE, J. ] 2/2 3-RPW-25-2013.doc Dixit