IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3004 OF 2004 Vijay Devraj Gupta & Ors. .. Petitioners V/s Ashok Devraj Gupta & Ors. .. Respondents Mr. Anil Singh with Mr. D.R. Shah for the Petitionrs. Mr. K.K.V. Kurup for Respondents Nos.1 to 3. Ms. A.K. Savla for Respondent No.5. CORAM : H.L. GOKHALE & S.C. DHARMADHIKARI, JJ. DATE : 1ST FEBRUARY 2005 P.C. P.C. P.C. : 1. Heard the learned counsel for the parties. 2. The Petitioner No.1 and Respondent No.1 are brothers. The Petitioners sought a division of Flat No.31-B which both these brothers are jointly occupying. They are staying in separate parts of that flat. An application was made to the Municipal Corporation that necessary alterations / regularisation be permitted. Ms.Savla for Respondent No.5 Corporation has pointed out that a letter was written to the 2nd Petitioner on 27th July 2004 calling for some documents which includes a true extract of the certified plan and NOC from the owner. The Petitioners should make available this information whereupon the concerned Assistant Engineer - 2 - (Building Proposal) will also issue a notice to Respondent No.1 and then decide whether such an alteration or regularisation should be granted. This is not a matter where the writ court should interfere. Petition is, therefore, rejected. The Assistant Engineer (Building Proposal) will take necessary decision within 3 months. (H.L. GOKHALE, J.) (S.C. DHARMADHIKARI, J.)