Mrs. Kaushalya Ramchand Dassani v. The Municipal Corporation Of Greater Mumbai And Another

909-wp-2099-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2099 OF 2014 WITH NOTICE OF MOTION NO.403 OF 2015 Kausalya Ramchand Dassani

...Petitioner

vs.

Mumbai Municipal Corporation and Ors.

...Respondents

Mr. Mayur Khandeparkar a/w. Mr. J. Ansari, for the Petitioner Ms. K.H. Mastakar, for Respondent Nos. 1 and 2. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

AUGUST 12, 2016 P.C.:

.

Parties through their counsel.

2.

The learned counsel for the Petitioner submits that in view of the reply affidavit clause 4(f) filed by Respondent-Municipal Corporation, this Petition may be disposed of by directing Respondent No. 2/Competent Authority to provide an opportunity of hearing to the Petitioner in regard to his submission to the averments made in the clause 4(f) of the said affidavit and the Petitioner may be permitted to file additional documents in support of his contention. Vishal Parekar 1/2

909-wp-2099-2014 3.

In view of the aforesaid without commenting on the merits of the matter, the Petition is disposed of by directing Respondent No. 2 to give opportunity of hearing to the Petitioner as also the liberty to produce the additional documents and then to take appropriate decision in accordance with law.

4.

The petitioner to appear before the Respondent No. 2 on 24th August, 2016 at 12.00 noon. The Respondent No. 2 on that date or immediately thereafter hear the Petitioner as aforesaid and take appropriate decision in accordance with law as expeditiously as possible but not later than one month from the date of hearing the Petitioner. It is expected from Respondent No. 2 that he will pass a reasoned order.

5.

In view of the aforesaid, the Petition as also Notice of Motion stand disposed of.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2