1 wp8942-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8942 OF 2010 WITH CIVIL APPLICATION NO.2844 OF 2010 Navin Shivraya Shetty ..Petitioner Vs Dehu Road Cantonment Board and others ..Respondents -- Mr.Sanjay Motwani with Mr.Gurmitsingh Dhadyala, for applicant. Mr.A.B.Tajane, for respondent nos.2 to 3. -- CORAM : V.C.DAGA & R.G.KETKAR, JJ. DATE : 18 th JANUARY, 2011 P.C: Perused the petition. Heard rival parties 2] Rule, returnable forthwith. Heard finally by consent of the parties. 3] This petition is directed against the Resolution No.7 dated 30 th June, 2010 issued by the Dehuroad Cantonment Board. It is contended that the said resolution is contrary to the provisions of Section 277(4) of the Cantonments Act, 2006. 4] During the course of hearing, learned Counsel for the petitioner tried to demonstrate the illegality crept in the impugned Resolution dated 30 th June, 2010. In reply to the submission made on behalf of the petitioner, learned Counsel for the respondents submitted that at this stage the demand letter dated October, 2010 (Exhibit “G” at page 35 of the petition) issued to the petitioner could be withdrawn with liberty to the petitioner to 2 wp8942-10.sxw make appropriate submissions before the Chief Executive Officer, Cantonment Board, Dehuroad, Pune to demonstrate the illegality crept in the Resolution dated 30 th October, 2010 and that it is not in consonance with Section 277(4) of the Cantonments Act, 2006. He further submits that in the event the authorities come to the conclusion that the revised Resolution is required to be issued, the decision in that behalf would be taken and, accordingly, based on the fresh Resolution, a fresh demand letter would be issued to the petitioner. 5] In view of the above statements made by learned counsel for the respondents, no further orders are necessary in this petition. The petitioner shall appear before the Chief Executive Officer, Cantonment Board, Dehuroad on 2 nd February, 2011. The Chief Executive Officer may hear the petitioner on that day or any other suitable date. All contentions of the rival parties are kept open. The demand letter dated October, 2010 (Exhibit “G” page 35) stands withdrawn. The concerned Authority shall pass a reasoned order following the principles of natural justice within a period of eight weeks from the date of conclusion of the hearing. 6] Rule is made absolute with no order as to the costs. 7] Civil Application No.2844 of 2010 does not survive and the same stands disposed of. [R.G.KETKAR, J.] [V.C.DAGA, J.]