Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 2792 of 2008 M/s. Master Education Society, through its Secretary Shri Tariq Khatri ...Petitioner V/s. The State of Maharashtra & ors. ...Respondents Mr.S.G.Deshmukh for the Petitioner Mr.V.P.Malvankar, AGP for Resp.no.1 Mr.G.S.Hegde for Resp. no.2 Mr.P.Shankar for Resp.no.4 CORAM CORAM CORAM : D.K.DESHMUKH & : D.K.DESHMUKH & : D.K.DESHMUKH & N.D.DESHPANDE, N.D.DESHPANDE, N.D.DESHPANDE, JJ JJ JJ 5th 5th 5th May, 2008 May, 2008 May, 2008 P.C. . Heard learned counsel for both the sides. Respondent no.2 has granted Commencement Certificate in favour of Respondent No. 4 & 5 and also sanctioned their building plan. The complaint of the petitioner is that his representation against sanction of the building plan is rejected by letter dated 26-12-2007 by respondent no.2 on the basis of the map submitted by respondent no.4 without giving petitioner an opportunity to explain that the map does not disclose the real picture. The real dispute is in relation to the existence of the public road. Respondent No.4 appears to claim the piece of land as a public road whereas according to the petitioner that property is owned by 2 the petitioner and that is not public road. . After having heard the learned Counsel for both the sides in our opinion following order would meet the ends of justice. O R D E R R D E R R D E R Within a period of two weeks from today petitioner shall submit a detailed application to the respondent No.2 for reconsideration of the decision of the respondent No.2 to sanction the building plan submitted by respondent no. 4 & 5 and to grant them Commencement Certificate. The petitioner shall annex with his application all the documents petitioner proposes to rely on. Before submitting that application to the respondent no.2, the petitioner shall serve a copy of that application on respondent no. 4 and 5. Service of the copy on the Advocate appearing for respondent no.4 & 5 will be treated as service of the copy on the respondent no.4 and 5. After receiving the application, respondent no.2 shall hear both the sides and he shall grant an opportunity to respondent no.4 & 5 to submit a 3 representation or documents they may desire to submit and thereafter respondent no.2 shall make an order in accordance with law either confirming or revoking or modifying the order. Till the respondent no.2 decides the application to be submitted by petitioner, respondent no. 4 & 5 shall not carry out any development in pursuance to the plan which is sanctioned and Commencement Certificate which is granted by respondent no.2. . Rule made absolute accordingly with no order as to costs. (D.K.DESHMUKH,J) (D.K.DESHMUKH,J) (D.K.DESHMUKH,J) (N.D.DESHPANDE,J) (N.D.DESHPANDE,J) (N.D.DESHPANDE,J)