IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.95 OF 2009 M/s. Bhagwati Veg Restaurant ... Petitioner Vs. The Municipal Corporation of Greater Mumbai and another. ... Respondents Mr. M.M. Vashi i/by Mr. J.J. Shah for the petitioner. Ms. Anjali Joshi for the BMC. CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATE : 20TH MARCH, 2009 P.C.: The learned counsel appearing for the petitioner submits that without prejudice to their rights and contentions, they had removed the structure and wish to raise a specific plea that they desire to reconstruct it after permissions are received under law. He wishes to pursue this matter with the Corporation. The learned counsel appearing for the Corporation submits that the permission has already been refused by the Executive Engineer (Building Proposals) since it is in the compulsory open space and the petitioner cannot get the permission. 2. Be that as it may, we leave the contention of the learned counsel appearing for the parties open. Petitioner wishes to withdraw this petition with liberty to take such steps as are permissible in accordance with law. Petition stands dismissed as withdrawn without prejudice to the rights and contentions of the parties. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.