IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.530 OF 2008 PETITION NO.530 OF 2008 PETITION NO.530 OF 2008 Khemraj Aggarwal & Ors. ... Petitioners Vs. Additional Commissioner & Anr. ... Respondents Mr. D.V. Merchant i/by H.N. Associates for Petitioner. Mr. N.A. Shaikh for BMC. Mr. L.T. Safelkar for Respondent nos.4 & 5. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & A.P. A.P. A.P. DESHPANDE, JJ. DESHPANDE, JJ. DESHPANDE, JJ. DATE DATE DATE : 4TH APRIL, 2008 : 4TH APRIL, 2008 : 4TH APRIL, 2008 P.C. P.C. P.C. :- :- :- 1) The grievance of the Petitioner is that on 28/1/2008, the respondent no.1 had demolished the existing structure of restaurant leased out to him for 30 years, without serving any notice on him. Therefore, the respondents should be directed to reconstruct the structure or he may be allowed to reconstruct the structure so demolished. These are the matters which may not be decided in this Writ Petition. A building which is not now in existence cannot be allowed to be reconstructed by an order of this Court in this proceeding and decide as to whether it was demolished or not by the Respondents without following due procedure of 2 law. 2) Petitioners wants a mandatory injunction through this Writ Petition. Controversy involves disputed questions of fact and such petitioners may approach Civil Court if so advised. 3) This Writ Petition is not maintainable, hence it is dismissed accordingly. The Petitioner may take such remedy that may be available to him under the law. ( BILAL NAZKI, J.) BILAL NAZKI, J.) BILAL NAZKI, J.) ( A.P. DESHPANDE, J.) A.P. DESHPANDE, J.) A.P. DESHPANDE, J.)