Shakil S/O Abdul Karim And 12 ORS v. The State Of Maharashtra And 16 ORS

WP. 116-18.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 116 OF 2018 Shakil s/o Abdul Karim & Ors.

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Petitioners Vs.

The State of Maharashtra & Ors.

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Respondents *** Mr. Sushil Upadhyay i/b A. M. Saraogi, for the Petitioners. Mr. Girish Godbole a/w Swapna Roopavate i/b Tushar Goradia, for the Respondent No. 3.

Mr. S. B. Gore, AGP for the Respondent No. 1 - State. Ms. Pallavi Thakar, for the Respondent No. 2 - BMC. *** CORAM : A. S. OKA, & P. N. DESHMUKH, JJ.

DATE : FEBRUARY 6, 2018 PC :

1.

The entire petition filed under Article 226 of the Constitution of India proceeds on the footing that there are notices issued on 11th June, 2002 and 9th December, 2009 under Section 351 of the Mumbai Municipal Corporation Act, 1888 in respect upper portion of the premises, more particularly described in prayer clause (b). On the last date, the learned counsel for the 3rd Respondent has placed on record a letter dated 10th December, 2012 addressed by the Assistant 1 / 2

WP. 116-18.doc Commissioner (Buildings & Factories), F / South Ward addressed to M/s. Arab Hotel recording that the notice dated 11th June, 2002 has been withdrawn. He also placed on record the order dated 10th February, 2012 passed by the Assistant Commissioner, F / South Ward holding that notice dated 9th December, 2009 is treated as withdrawn. 2.

In view of the fact that both the notices have been withdrawn, this petition founded on the said notices cannot be entertained. Accordingly, the writ petition is disposed of. Sd/- Sd/- [P. N. DESHMUKH, J.] [A. S. OKA, J.] Vinayak Halemath 2 / 2