1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.28203 OF 2011 Ahmed Abbas Shaikh ...Petitioner Versus Bhiwandi Nizampur City Municipal Corporation & Ors. ...Respondents Mr.Rajesh Datar for the Petitioner Mr.M.S.Lagu h/f. N.R.Bubna for the Respondent No.1 CORAM:- R.Y.GANOO, J. DATED:- 20th OCTOBER, 2011. P.C. 1. As the petition was placed for admission, all office objections except objection regarding Court fee are dispensed with. Office to number the petition for statistical purpose. 2. Heard learned Advocate for the petitioner. The petitioner received notice dated 26.7.2002 from the respondent corporation. The petitioner filed suit in the court of learned Civil Judge, Senior 2 Division, Bhivandi, being Regular Civil Suit No.788 of 2010 so as to challenge the said notice. The learned Civil Judge, Senior Division, Bhivandi, rejected the interim application by order dated 2.4.2011. That order was challenged in Misc. Civil Appeal No.59 of 2001 in the District Court, at Thane. The learned District Judge, Thane Court, by order dated 12.8.2011 dismissed the appeal against which order this petition is filed. 3. Argument is advanced by the learned Advocate for the petitioner that though the notice is of the year 2002 it is only when threats were issued for demolition, in the year 2010 cause of action arose. This argument cannot be accepted. The moment the notice came to be issued, it gave the cause of action to the petitioner. Perusing the relevant dates it is clear that challenge to the said notice is beyond the period of limitation. This is the principal ground on which the impugned order has been passed. I see no reason to interfere with the impugned order. The observations of the court below are right. The moment the petitioner got notice in the year 2002 he should have challenged it, if according to him it was illegal. Hence, following order is passed to dispose of the petition. 3 ORDER Petition is dismissed at the stage of admission. There shall be no order as to costs. (R.Y.GANOO, J.)