: 1 : 7378-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7378 OF 2011 Bhagwan Lakdya Mhatre .. Petitioner v/s. Chief Controller of unauthorized construction and Ors. .. Respondents ......... Mr. G.N. Salukhe for the petitioner Mr. A.M. Kulkarni for the respondents ......... CORAM : R.Y.GANOO, J DATE : 12th OCTOBER,2011. P.C. : 1. Heard learned Counsel on both sides. After some arguments, learned advocate Mr. Salunkhe upon instructions states that the petitioner will have to challenge the impugned notice under Section 54(1) of the Maharashtra Regional Town Planning Act. He, therefore, submitted that the impugned notice be not implemented for some time so that the petitioner will approach the said forum. 2. Learned advocate Mr. Salunkhe submitted that he shall withdraw the : 2 : 7378-11-wp=.sxw suit within a period of one week from today as the said suit is not maintainable. Hence, following order is passed. ORDER (i) The statement made by learned advocate for the petitioner that he shall withdraw the suit filed in the Court of learned Civil Judge, Senior Division, Thane being S.C. Suit No.762 of 2010 within a period of one week from today. (ii) The undertaking is accepted. (iii) The petition is allowed to be withdrawn with liberty to file appropriate proceedings before the appropriate authority setup under the Maharashtra Regional Town Planning Act. From today till 21st October, 2011, the Authority which has issued notice under Section 54(1) of the MRTP Act shall not act upon the same. (R.Y.GANOO, J.)