The court held the petition survived no longer as the Municipality issued a notice under Section 351 and offered to hear the grievance, disposing of the petition with liberty to approach the officer within two weeks.
Disposal of the petition with liberty to approach the concerned officer within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION WRIT PETITION NO. 1076 OF 2009
Dindayal Khairatiram Kamwal. .. Petitioner Vs U.D. Mistry, the Assistant Municipal Commissioner & Anr. .. Respondents
Shri Mohit Jadhav for the Petitioner. Smt. Geeta Jogalekar for the BMC.
CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J DATED : 30th SEPTEMBER, 2009
P.C.
Learned counsel appearing for the Corporation submits that the Corporation has already issued notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 to the Petitioner and it will proceed with the same in accordance with law. However, if the Petitioner has any grievance that some unauhorised construction has been left out, the Corporation has no objection if the Petitioner approaches the concerned officer who will hear the Petitioner on his grievance.
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The same is disposed of with liberty to the Petitioner to approach the
said officer within two weeks from today.
CHIEF JUSTICE
A.M.KHANWILKAR, J
1 issue framed by the court
Whether the writ petition survives given that the Corporation has already issued notice under Section 351 and offered to entertain the grievance.
1 provisions across 1 enactments
Dindayal Khairatiram Kamwal
U.D. Mistry
Swatanter Kumar
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
