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Bombay High CourtWP/638/2024disposed off

Mohd Arif Mohd Saeed Qureshi v. Municipal Corporation Of Greater Mumbai

2024-07-25Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak2 pages

30-OSWP-638-2024.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 638 OF 2024 Mohd Arif Mohd Saeed Qureshi

...Petitioner

Versus

Municipal Corporation Of Greater Mumbai & Ors

...Respondents

Mr TR Yadav, i/b Suresh Dubey, for the Petitioner. Ms Gaurangi Patil, AGP, for the Respondent-State. Ms Priyanka Sonawane, for BMC.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

25th July 2024 PC:- Digitally signed by ASHWINI GAJAKOSH Date:

2024.07.26 14:58:43 +0530 ASHWINI GAJAKOSH 1.

Heard learned Counsel for the parties.

2.

Learned Counsel for the Petitioner states that 4th and 5th Respondent are newly served in this matter.

3.

In any case, the order that we propose to make will involves granting of an opportunity of hearing to the 4th and 5th Respondent.

25th July 2024

30-OSWP-638-2024.DOC 4.

The Petitioners have filed complaints against the illegal activities that the 4th and 5th Respondents are allegedly involved. Learned Counsel for the Petitioner submits that despite such complaints the BMC is not taking any action.

5.

Learned Counsel for the BMC states that Petitioner's complaints at Exhibits "F" and "G" will be looked into and disposed of in accordance with law and on their own merits on or before 16th August 2024. She states that the Petitioner and 4th and 5th Respondent will be heard before disposing of such complaints and a reasoned order would also be made in the matter which would be communicated to the parties.

6.

By accepting the above statement and directing the BMC to act accordingly we dispose of this Petition. We clarify that we have not examined the veracity or otherwise of the allegations in the Petitioner's complaints because these are matters which should be looked into by the BMC in the first instance. Accordingly, all contentions of all parties are left open. The Petition is disposed of with no order for costs.

(Kamal Khata, J) (M.S. Sonak, J) 25th July 2024