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

Sumedh

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 Krishna Holambe Patil, for the Petitioner. Mr Narayan Bubna, for the Respondent-Corporation. Mr AA Alaspurkar, AGP, for the Respondent-State.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

PC:- 1.

Heard Mr Krishna Holambe Patil, who now appears on behalf of the Petitioner, Mr Bubna for Mira Bhayander Municipal Corporation and Mr Alaspurkar, AGP for the Respondent-State. 2.

At the outset, we correct our order dated 18th June 2024 and record that Mr Bubna had appeared for the Mira Bhayander Municipal Corporation and not for BMC as is wrongly recorded. Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.06.26 18:09:17 +0530 SUMEDH NAMDEO SONAWANE

3.

Mr Patil the learned counsel for the Petitioner states that Respondent No. 5 has been duly served through courier. 4.

The record indicates that the Petitioner was granted permission by the Mira Bhayander Municipal Corporation to put up a weather shed. Accordingly, based on this permission, the Petitioner has put up the weather shed.

5.

However, by impugned communication dated 6th June 2024, the Corporation has revoked its earlier permission based entirely on a complaint made by the 5th Respondent Society. Admittedly, no opportunity of hearing was granted to the Petitioner before the impugned communication was issued.

6.

The impugned communication visits the Petitioner with serious civil consequences. Based upon a complaint by 5th Respondent Society and without such compliant even being served upon the Petitioner, such a drastic action could not have been taken by the Corporation. Since the impugned communication violates the principles of natural justice and fair play, we set aside the same. However, we direct the Mira Bhayander Municipal Corporation to hear the Petitioner and the 5th Respondent Society and upon hearing both the parties, take a fresh decision in the matter. In case, the decision is adverse to the interest of the Petitioner, then, the same should not be given effect to for two weeks from the date of its communication.

7.

The Mira Bhayander Municipal Corporation should complete the above exercise within four weeks from today, i.e., on or before 24th July 2024 so that neither the Petitioner nor the 5th Respondent Society are unduly prejudiced in the matter.

8.

Petition is disposed of in above terms. There shall be no orders as to costs.

9.

All concerned to act on an authenticated copy of this order. (Kamal Khata, J) (M.S. Sonak, J)