1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1413 OF 2009 Mr.Vijay M. Bitra ...Petitioner. v. The State of Maharashtra & Ors. ...Respondents. Mr.P.K.Dhakephalkar, Sr.Adv. with K.D.Jha, advs For the Petitioners. Mr.S.S.Joshi, AGP For the Respondent No.1. Mr.Pradeep Jadhav, AGP for the respondent no.2. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 13th January , 2010. P.C. 1 Rule. Heard forthwith. 2 It is the case of the petitioner that he had applied for permission for covering the terrace by his application of 24.6.1997 and permission was granted to them on 15th July, 1997. Pursuant to that he has carried out construction. 3 He has approached this Court contending that now the order has been served on 27.6.2009 to remove the said construction on the ground that it is illegal. No opportunity was given to him. In our opinion, considering that the petitioner has permission, respondents should have to give opportunity to the petitioner to show cause before passing the 2 impugned order. In the light of that the impugned order suffers from violation of natural justice and fair play. Consequently, the order dated 27.6.09 is quashed and set aside. It will be open to the respondents to issue fresh notice to the petitioner and after giving him opportunity to pass the appropriate orders according to the law. Rule made absolute accordingly with no order as to costs. (J.H. BHATIA,J.) (F.I.REBELLO, J.)