Dharmendra Jitendra Desai v. The Municipal Corporation Of Greater Mumbai

Osk 39-Wp-1923-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1923 OF 2024 Dharmendra Jitendra Desai ... Petitioner V/s.

The Municipal Corporation Of Gr. Mumbai & Ors. ... Respondents _______________________________________ Mr. Muttahar Khan a/w. Ms. Surabhi Agarwal i/b. Mr. Henna P. Shah for Petitioner.

Ms. K.H. Mastakar i/b. Ms. Komal Punjabi for Respondent Nos.1 to 5. Mr. Ashok R. Pande for Respondent Nos.6 & 7.

_______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 3rd April 2025.

P.C. :

1) At the outset Mr. Pande, learned Advocate appearing for Respondent Nos.6 & 7 submitted that, during the pendency of present Petition, the Corporation has already adopted necessary steps and has demolished the writ structure.

2) Advocate Mr. Khan, learned counsel appearing for Petitioner on instructions fairly conceded to the said fact. 3) In view thereof, the substantive prayer clauses of the Petition i.e. prayer clauses (a), (c), (d) & (e) are worked out. 1/2

Osk 39-Wp-1923-2024.doc 3.1) As far as prayer clause (b) of the Petition is concerned, the Petitioner is at liberty to file appropriate application before the competent Authority of the Respondent-Corporation for seeking record of the concerned property and if it revealed to the Petitioner that, the necessary record is not maintained by the concerned Officer of the Corporation, he is at liberty to adopt necessary action under the provisions of the Maharashtra Public Records Act, 2005.

4) Petition is partly allowed in the aforesaid terms. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.04.08 16:31:27 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2