Vasanti Vasant Gurav Of Legal Heirs Of Rukmini Gopal Gurav And 13 ORS. v. Municipal Corporation Of Greater Mumbai And 3 ORS.

23-OSWPL1639-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1639 OF 2019 Vasanti Vasant Gurav & Ors

...Petitioners

Versus

Municipal Corporation of Greater Mumbai & Ors

...Respondents

Mr Vishwajeet Kapse, with Karishma Shirkepadwal, for the Petitioners.

Ms Vandana Mahadik, for Respondent No. 1-MCGM. Mr Keshav Borhade, i/b M/s. Shelke & Co., for Respondent No. 3. CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ DATED:

17th June 2019 PC:- 1.

After this petition was fully argued on the earlier occasion and we posted it today for passing orders, on instructions, Mr Kapse, learned advocate for the Petitioners, particularly after knowing of our reluctance to grant any relief in the writ jurisdiction, seeks leave to withdraw this petition with liberty to avail of such other remedies as are available in law. We have also invited his attention to the provisions of sub-section (5) of Section 354 of the Mumbai 17th June 2019

23-OSWPL1639-19.DOC Municipal Corporation Act 1888 introduced by an amendment which fully protects private rights of both the owner/landlord and the tenants/occupants of the structures covered by notice under Section 354 of the Mumbai Municipal Corporation Act 1888. Hence, the withdrawal of this writ petition will not prejudice any of the rights and contentions of both the parties in such other proceedings as the Petitioners may be advised to adopt and in accordance with law.

2.

The writ petition is disposed of as withdrawn. There will be no order as to costs.

(S.C. DHARMADHIKARI, J) (G. S. PATEL, J) 17th June 2019