:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION (L) NO.1902 OF 2008 PETITION (L) NO.1902 OF 2008 PETITION (L) NO.1902 OF 2008 Dattu Babu Divekar ..Petitioner V/s The Municipal Commisioner & Another ..Respondents Ms Anjali N. Helekar for the petitioner Mrs. S.M. Modale for the respondents CORAM CORAM CORAM : : : SRI R.M.S. KHANDEPARKAR AND SRI R.M.S. KHANDEPARKAR AND SRI R.M.S. KHANDEPARKAR AND SRI SRI SRI A.A. SAYED, JJ. A.A. SAYED, JJ. A.A. SAYED, JJ. DATE DATE DATE : 5TH AUGUST, 2008 : 5TH AUGUST, 2008 : 5TH AUGUST, 2008 P.C. 1. Heard. The only grievance of the petitioner is that in spite of the fact that the petitioner had been residing in the suit structure for number of years and there are documentry evidence to substantiate the same, without giving an opportunity of being heard the respondents under the guise of exercise of powers under section 152 of Maharshtra Regional Town Planning Act, 1966 ordered the removal of the said structure and eviction of the petitioner from the suit structure. Considering the various documentary evidence placed on record, it would be appropriate for the authorities to treat the impugned :2: letter dated 15th July, 2008 as show cause notice to the petitioner and after hearing the petitioner to pass an appropriate order in the matter. Accordingly the respondents are directed to treat the letter dated 15th July, 2008 as show cause notice to the petitioner, the petitioner to submit his reply along with whatever documentary evidence he wants to produce in support of his case within 15 days from today before the respondent No.2. After receipt of said reply to the said letter and after giving an opportunity of being heard to the petitioner, the respondents to pass appropriate order in accordance with the provisions of law. In case, the order happens to be adverse to the interest of the petitioner, the same shall not be executed for a period of 7 days from the date of service of order upon the petitioner. With these directions without expressing any opinion on the merits of the case and keeping all the issues open, petition is disposed of with no order as to costs. (R.M.S. (R.M.S. (R.M.S. KHANDEPARKAR, J.) KHANDEPARKAR, J.) KHANDEPARKAR, J.) :3: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)