Kausar Wefare Seva Sangh v. The Municipal Corporation Of Greater Mumbai And ANR.

35-Conpw-1062014.doc ars

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 106 OF 2014 IN WRIT PETITION NO. 1685 OF 2013 Kausar Wefare Seva Sangh ..Petitioner.

Versus

The Municipal Corporation of Greater ..Respondents.

Mumbai & Ors.

Mr. A.R. Pande, for the Petitioner.

Ms. Shobha Ajitkumar, for BMC-Respondents.

CORAM :

A.S. Oka, & A.P. Bhangale, JJ.

DATE :

17th April 2015 P.C. :

Heard the learned counsel for the Petitioner and the learned counsel for the Respondents. Perused the order dated 1st April, 2014, in disposed of Writ Petition, of which breach is complained of. In the reply filed by Mr. Sanjog Suresh Kabare, Assistant Commissioner, "E" Ward of the Municipal Corporation he has stated that by communication dated 18th December 2014, the Petitioner has been informed that the Application made by the Petitioner has been rejected. We have perused the communication dated 18th December, 2014. It records that if the Petitioner makes a fresh application in the prescribed format, the same can be considered as per the prevailing policy. The learned counsel for the Respondents states that the 2nd Respondent shall provide the format of the application to the Petitioner within a period of two weeks from today.

35-Conpw-1062014.doc 2.

Considering the statements made in the affidavit of Mr. Sanjog Suresh Kabare and the aforesaid communication, it cannot be said that the Respondents have committed a willful breach of the order of this Court. 3.

Accordingly notice issued to the Respondents is discharged. 4.

We accept the statement made by the learned counsel for the Respondents that prescribed format will be given to the Petitioner within the period of two weeks from today. If an application is made by the Petitioner in the prescribed format, the same shall be decided within a period of three months from the date of filing of the Application. (A.P. Bhangale, J.) (A.S. Oka, J.)