1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.16 OF 2009 IN WRIT PETITION NO.182 OF 2005 Kadiruddin Bashiruddin Shaikh .. Petitioner Versus Municipal Corporation of Gr. Mumbai .. Respondents None for petitioner Ms.Puranik for B.M.C. CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd March 2009. P.C. . Heard Advocates. 2. Perused the petition and the Annexures thereto, including the order dated 30th March 2005. 2 3. An affidavit in reply has been filed where the Assistant Superintendent of Markets, Eastern Suburbs, Municipal Corporation, who is present today in court, has clarified that the request of petitioner was duly considered and he was informed that shop No.31 cannot be exchanged with Shop No.12. Shop No.12 is the Maintenance Chowki which is being used by the Corporation. The members of public find the said chowki convenient and that is how it is located in the said shop. The request of petitioner to exchange the shop allotted to him with its chowki i.e. Shop No.12 cannot be granted is the communication duly received by the petitioner. On the last occasion, copies of this communication were handed over to Mr.Vashi and today they are placed on affidavit before me. The remarks from the despatch book show that the communications were duly forwarded and despatched and even pasted on the premises. 3 4. Considering the above, so also petitioner not disputing the fact as stated in the affidavit in reply and the communication placed on record, it is clear that no case for civil contempt is made out. Contempt Petition is dismissed. (S.C.Dharmadhikari, J)