City Trading Corporation v. The Commissioner Of Mcgm And 3 ORS

918_wpl_2529_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2529 OF 2016 M/s. City Trading Corporation

...Petitioner

Versus

The Commissioner of Municipal corporation of Greater Mumbai & Ors.

...Respondents

...

Mr. S.A. Sawant i/b. Mr. Himanshu Kode for the Petitioner. Mr. J. Reis, senior Advocate with Mrs. Shobha Ajitkumar for BMC. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 22nd SEPTEMBER , 2016.

P. C. :

After hearing this petition for some time Mr. Sawant the learned counsel appearing for the Petitioner having taken instructions from his client, who is present in the Court, states that he will not press for the prayers (a) and (b) and that his grievance will stand redressed if the Commissioner is directed to decide his representations dated 12.9.2016 and 19.9.2016, copies of which are annexed at Exhs.'K' and 'M' respectively.

2.

Mr. Reis, the learned senior counsel appearing for the Megha 1/2

918_wpl_2529_2016.doc Respondent -BMC states that he has no objection to the disposal of the petition in above terms.

3.

In the light of above, the writ petition is disposed of with following directions:

(i) The Respondent No.1-Commissioner of Municipal Corporation of Greater Mumbai or any other deputed officer higher in rank to the Respondent No.2 shall decide Petitioner's representations dated 12.9.2016 and 19.9.2016.

(ii) The said representations shall be decided as expeditiously as possible and preferrably within a period of eight weeks from the date of receipt of copy of this order, after giving an opportunity of hearing to the Petitioner.

4.

It is made clear that this Court has not expressed any opinion on merit and the Respondent No.1 or any officer deputed by Respondent No.1 shall decide the said representations independently on its own merit.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Megha 2/2