Mr. Sunil Kumar Mehra v. The Municipal Corporation Of Greater Mumbai And 7 ORS.

26 WP 2085 OF 2013.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2085 OF 2013 Sunil Kumar Mehra ....

Petitioner

Versus

The Municipal Corporation of Greater MumbaI and ors ....

Respondents Mr. D. H.Mehta a/w Mrs. Bina Jariwala i/by Auroma Law, for the petitioner. Mr. A. Y. Sakhare, Senior Advocate a/w mrs. Geeta Joglekar, for respondent Nos 1 to 5.

Mr. Vijay D. Patil, for respondent No.6.

Mr. Haresh Jagtiani a/w Mr. Khalid Khimtani and Ms. R. Jain I/by Mr. Prashant Naik for respondent no.7.

Mrs. H. Y. Shah, for respondent No.8 State.

Mr. Suresh Kanjia- Officer from BombayMunicipal Corporation present. CORAM : A. S. OKA & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 3rd MARCH 2016.

P.C. :

The learned Senior Counsel for the Mumbai Municipal Corporation makes a statement that the order dated 23rd October, 2013, stands withdrawn by the Municipal Corporation. He further states on instructions that after giving an opportunity of being heard to the parties, a fresh order will be passed by Mr. Suresh Kanoja, Assistant engineer (B & F) "D" Ward. We accept the aforesaid statement. Hence, the petition need

26 WP 2085 OF 2013.doc not be kept pending and the same is disposed of by passing the following order.

Order.

1. We direct the petitioner as well as sixth and seventh Respondent to appear before Mr. Suresh Kanojia, Assistant Engineer (B & F) "D" ward of the first respondent Corporation on Monday 28th March, 2016 at 11.00 a.m.;

2. After hearing both parties, and after perusing the record, a fresh order shall be passed by the said officer as expeditiously as possible and in any event on or before 30th April, 2016.

3. All the contentions of the parties are expressly kept open;

4. Petition is disposed of in above terms.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [ A. S. OKA, J.]