IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2050 OF 2007 Jawant Damgude ... Petitioner V/s State of Maharsashtra and Ors..Respondents Shri P.R.Arjunwadkar for Petitioner Shri A.S.Gadkari,APP for State Shri C.J.Sawant i/b M/s Tripathi & Co. for Respondent no.7 Mrs.Iyer i/b Vijaykumar Agarwal for Respondent nos.2 to 6 Shri R.S.Apte i/b A.A.Garge for Respondent no.3 CORAM:BILAL NAZKI, AND A.P.BHANGALE,JJ DATE: APRIL 21, 2008 P.C.:- 1. The main prayer according to the Petitioner is that the Corporation should take steps to prosecute the builder for having violated the norms and law while constructing the building. The Corporation in fact is bound to consider the request of the Petitioner and if necessary take appropriate steps to prosecute the persons who are found guilty. 2. Respondent nos. 4 and 5 seeks to claim that they are owners of the land on which the building is being constructed by the Respondent no.7 and according to them the Respondent no.7 has not constructed the building in accordance with the permission, granted to him and in accordance with the agreement with the owners. He can choose his remedy being available in law. In this petition the Petitioner cannot be granted any relief which he may claim or he may be entitled to. We make it clear that we are not deciding any controversy in this writ petition between the builder and owner of the plot. 3. We had issued show cause notice to the Respondent no.3 as to why he should not be prosecuted for perjury. He has placed himself before the mercy of this Court and tendered unconditional apology and also explained circumstances in which information was given to this Court in first instance which was later found incorrect. In this view of the matter notice issued is also withdrawn. 4. Writ petition is disposed of in terms of this order. 5. The Counsel for Respondent no.7 submit that the building will be completed within a period of 4 months. 6. The order of sealing shall remain till the building is completed. However, for the purpose of completion of building the builder shall be allowed to enter the building for the purpose of construction under supervision of the competent authority. ( BILAL NAZKI,J ) ( A.P.BHANGALE,J )