: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.377 OF 2009 Salim Babu Khan & Ors. ....Petitioners V/s. The Mumbai Municipal Corporation ....Respondent Mr.Rakesh Agrawal for the Petitioners. Ms.Trupti Puranik for the Respondent - B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 26TH FEBRUARY, 2009. P.C. : 1. Rule. By consent rule returnable and heard forthwith. 2. The notice has been issued under Section 55 of the M.R.T.P. Act, 1966 in respect of the structure. Earlier a similar notice has been issued which was challenged in Writ Petition (Lodging) No.1830 of 2008. The Petition was disposed of by an order dated 30.9.2008. The order records the Petitioner’s case that the said structure was censused and that certificate had been issued in that behalf by the Controller of Slums on 18.9.1980. The Respondent - Corporation contended that the said certificate pertains to some other structure. The basis for this : 2 : contention was not accepted by the learned Judge. In the circumstances, the notice was quashed and the Respondent was granted liberty to initiate fresh action for the same cause. 3. Considering the nature of the claim, it would be appropriate in the present case that the Petitioner is afforded a hearing by the concerned authority before passing a final order. 4. On behalf of the Petitioner, it was fairly stated that a caveat had been received yesterday from the advocate of one V.R. Keni. Considering the nature of the matter, I have not considered it necessary to adjourn the matter as that would only delay the outcome of the proceedings. 5. In the circumstances, the Writ Petition is disposed of by the following order :- i). The Assistant Commissioner P/South Ward shall hear the Petitioner and the caveators before passing the final order in respect of the said structure. The Petitioner shall serve a copy of this order on the caveator’s advocate forthwith. The Petitioner and the caveator shall appear before the Assistant : 3 : Commissioner P/South Ward in the first instance on 12.3.2009 at 11.00 a.m. and thereafter as directed by him. ii). Pending the decision and for a period of two weeks thereafter, status-quo in respect of the said structure shall be maintained by all the parties including the Petitioner. Needless to add that all the contentions of the parties are kept open. . All parties to act on an ordinary copy of this order duly authenticated by the Associate/Private Secretary of this Court.