:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.1102 OF 2008 PETITION NO.1102 OF 2008 PETITION NO.1102 OF 2008 HalimaKadar Dadan ..Petitioner V/s The State of Maharashtra & others ..Respondents Mr. Sanjiv Sawant for the petitioner Ms. Iman Calcuttawala, AGP for respondent No.1 Mrs. Archana Joshi for respondent for respondent No. 2 to 5 CORAM CORAM CORAM : P.B.MAJMUDAR AND : P.B.MAJMUDAR AND : P.B.MAJMUDAR AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 29TH AUGUST, 2008 : 29TH AUGUST, 2008 : 29TH AUGUST, 2008 P.C. 1. The grievance of the petitioner in this petition is that one Mr. Asif Chakrawarti has placed P.C.O. Booth infront of the petitioner’s premises which according to him is unauthorised. Since the petitioner has not joined the said occupant as a party-respondent we cannot express any view against him. However, the learned Counsel for the petitioner submits that the respondent No. 3 may consider this aspect in accordance with law and pass necessary orders as deemed fit. Considering the averments in the petition we direct the Municipal Commissioner to take appropriate decision in connection with the subject matter and after giving an opportunity of being heard even to the concerned person whose booth is in existence at the relevant place and may pass an appropriate order in accordance with law. :2: 2. The learned Counsel for the petitioner states that the petitioner is ready to deposit the shifting charges. On this aspect we do not express any opinion. Whatever decision taken by the Municipal Commissioner the same shall be communicated to the petitioner as well as to the P.C.O. booth holder, who is likely to be affected by such order in this regard. However, the Municipal Commissioner may take the decision as expeditiously as indicated above within a period of 4 months.It may be stated that the Respondent No.3 Municipal Commissioner may delegate this matter for decision to any officer as he deems fit in accordance with law. 3. We have not expressed any opinion on the merits of the petition as the concerned PCO Booth holder is not joined as party-respondent in this petition as stated above. 4. Subject to what is stated above the petition is disposed of. (P.B. (P.B. (P.B. MAJMUDAR, J.) MAJMUDAR, J.) MAJMUDAR, J.) ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)