Nilam Sathe v. Municipal Corporation Of Greater Mumbai And 3 ORS

905-wpl-1269-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1269 OF 2018 Dr. Nilam Sathe

...Petitioner

vs.

Municipal Corporation of Greater Mumbai and Others

...Respondents

Mr. Prathamesh Bhargude i/b. Mr. R.D. Shinde, for the Petitioner Mr. S.S. Pakale a/w. Ms. Trupti Puranik, for Respondent No. 1. Ms. Namrata Gosavi, A.O., L.T.M.S. & Hospital, is present. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

APRIL 27, 2018 P.C.:

.

At the outset, on instruction from Ms. Gosavi who is present in Court, it has been stated by the learned counsel for the Respondent No. 1 that since the impugned order dated 3rd April, 2018 was passed without issuing show cause notice and the Respondents have now issued a show cause notice on 26th April, 2018, now after considering the reply as may be filed by the Petitioner, appropriate decision in accordance with law will be taken.

2.

In the circumstances, we are of the considered view that the impugned order dated 3rd April, 2018 which has been passed Vishal Parekar 1/2

905-wpl-1269-2018.doc without issuing show cause notice to the Petitioner is to be and hereby set aside with liberty to the Respondents to proceed in the matter on the basis of show cause notice dated 26th April, 2018 in accordance with law.

3.

In the light of order passed above, the communication sent to the Petitioner on 20th April, 2018 also stands set aside. 4.

With the aforesaid, the Petition is disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2