Noorul Hasan Idris And 47 ORS v. The State Of Maharashtra And 6 ORS

1 of 2 WP(L).2592.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2592 OF 2015 Noorul Hasan Idris and others Petitioners versus The State of Maharashtra and others Respondents Mr.Y.E.Mooman with Ms.Manisha Gawde for Petitioners. Mr.G.D.Utangale i/by Utangale & Co. for Respondent nos.2 to 4. Mr.Ravi Kumar Mishra for Respondent no.6.

CORAM : S.C.DHARMADHIKARI AND B.P.COLABAWALLA, JJ.

DATE : 26 November 2015 PC :

1.

The Petitioners are complaining that despite issuing notice to M/s.Paradise Construction Company, the Respondent no.6 before us, no order has been passed by Mumbai Building Repairs and Reconstruction Board. Our attention is invited to the fact that there is no final order but a show cause notice dated 3 December 2014 on which Respondent no.6 may or may not have given any explanation.

2.

On the earlier occasion, we had specifically asked the Respondent nos.2 to 4 as to when the show cause notice would be adjudicated and an order in accordance with law after hearing all parties will be passed.

2 of 2 WP(L).2592.2015 3.

No definite assurance is forthcoming today save and except a statement that the process will be completed within three weeks from today. If that is how the instructions to Mr.Utangale are, then, we expect the competent authority and who has issued the show cause notice calling for an explanation, to pass an order after hearing all affected parties within the time stipulated above namely three weeks from the date of receipt of a copy of this order. We clarify that we have not directed any parties including Respondent nos.6 and 7 to file any affidavit since we are issuing a limited direction. This direction shall not in any way prejudice the rights and contentions of the contesting parties. The contentions of the parties on the merits of allegations are kept open. The writ petition is disposed of.

4.

Needless to clarify that advance intimation of the date, time and venue of the hearing shall be given by Respondent no.3 to the Petitioners as also to Respondent no.6. Mr.Mooman states that he would accept the notice of the hearing on behalf of the Petitioners. The Respondent no.3 shall intimate accordingly to Mr.Mooman.

(S.C.DHARMADHIKARI, J.) (B.P.COLABAWALLA, J.) MST