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Bombay High CourtWP/8496/2024disposed off

Don Bosco High School Throu. Its Authorised Rajendra Khicha v. The Assistant Commissioner / Designated Officer And ORS

2024-06-18Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak2 pages

1-ASWP-8496-2024.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8496 OF 2024 Don Bosco High School Through Its Authorised Rajendra Khicha

...Petitioner

Versus

The Assistant Commissioner / Designated Officer & Ors

...Respondents

Mr Tushar Sonawane, for the Petitioner.

Mr NR Bubna, for the Respondent-BMC.

Mr AA Alaspurkar, AGP, for the Respondent-State.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

18th June 2024 PC:- Digitally signed by ASHWINI GAJAKOSH Date:

2024.06.18 18:52:34 +0530 ASHWINI GAJAKOSH 1.

Heard learned Counsel for the parties.

2.

The challenge in this Petition is to the order dated 6th June 2024 by which the Mira-Bhayander Municipal Corporation ("Corporation") has withdrawn the permission it had earlier granted to the Petitioner for putting up a weather shed. 3.

Pursuant to the permission granted by the Corporation, the Petitioner has already put up the weather shed. 18th June 2024

1-ASWP-8496-2024.DOC 4.

The impugned order has been made on a complaint by the society. In this Petition, however, the Petitioner has not bothered to implead the society as a Respondent even though urgent ad-interim reliefs have been applied for. This cannot be appreciated. 5.

The learned Counsel for the Petitioner now seeks leave to implead the society as a party Respondent. Leave is granted. Amendment to be carried out forthwith. Reverification is dispensed with.

6.

Issue notice to the Society, newly added Respondent, returnable on 25th June 2024.

7.

The Petitioner must take immediate steps to serve the society by paying processing fees. In addition to the usual mode of service, private service/hamdast is also allowed.

8.

Admittedly the Petitioner was not heard by the Corporation before the impugned order was made. Until the next date and subject to the Petitioner taking immediate steps to serve the society, we restrain the Corporation from implementing its order dated 6th June 2024.

9.

List the matter on 25th June 2024.

(Kamal Khata, J) (M. S. Sonak, J) 18th June 2024