1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1180 OF 2008 (Vishal s/o Vinodkumar Mundhada vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : MARCH 17, 2008 Heard Shri Kilor, learned Counsel for the petitioner, and Shri Sambre, learned Government Pleader for the respondent no.1. The petition is directed against notice dated 25.2.2008 issued by the Chief Officer and Town Planning Authority, Municipal Council, Malkapur whereby petitioner is directed to remove illegal construction made on Plot No. 4/1, Sheet No.21, Nazul Locality, Nandura Road, Malkapur within thirty days from the date of receipt of the notice, which was issued under Sections 53 and 54 of the Maharashtra Regional and Town Planning Act. Shri Kilor, learned Counsel for the petitioner, seeks permission to withdraw the petition and prays that petitioner may be permitted to file reply to the said notice and 2 place on record documents in support of his claim and direction may be issued to the respondent Chief Officer and Town Planning Authority to decide the claim of the petitioner within a stipulated period and till then, the respondents may not be permitted to take coercive steps pursuant to the impugned notice. In the instant case, it is for the Chief Officer and Town Planning Authority, Municipal Council to consider grievance of the petitioner since we are not adjudicating the issue in question and we dispose of the petition as withdrawn with liberty to the petitioner to file reply to the impugned notice dated 25.2.2008 before the Chief Officer and Town Planning Authority, Municipal Council, Malkapur, who is directed to consider the same on its own merits according to law and procedure applicable in this regard within four weeks from the date of receipt of such reply. Till then, the Chief Officer and Town Planning Authority, Municipal Council need not take coercive steps pursuant to the notice in question. JUDGE JUDGE khj 3