Rahul L. Nerlekar v. Municipal Corporation Of Greater Mumbai

2633-13-WP=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2633 OF 2013 Rahul L. Nerlekar .. Petitioner v/s.

Municipal Corporation of Greater Mumbai .. Respondent Mr. Rajesh Datar for the petitioner Mr. R.Y. Sirsikar for the respondent CORAM : M.S. SANKLECHA & A.K. MENON, J.J.

DATED : 28th APRIL, 2016.

P.C.

1.

This petition is filed by an Advocate seeking a direction that his office be assessed as residential to property taxes under the Mumbai Municipal Corporation Act, 1888 (the Act). No specific order by the respondent Corporation is being challenged.

2.

We find that the petition is premature. For the reason that the petitioner's objections to the fixing of the property taxes in respect of his premises consequent to notice under Section 162 of the Act is pending adjudication before the Assessor & Collector of the respondent Corporation.

Uday S. Jagtap

2633-13-WP=.doc 3.

Mr. Sirsikar, learned Counsel appearing for the respondent Corporation, on instructions, states that the petitioner would be granted a hearing on his objections to its notice under Section 162 of the Act. Further, on instructions, he states that the objections would be disposed of within four weeks from today after following the principles of natural justice.

4.

In the above view, Mr. Datar, learned Counsel appearing for the petitioners seeks liberty to withdraw the petition. 5.

Accordingly, petition is dismissed as withdrawn. (A.K. MENON, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap