: 1 : 27952-11-Wpst=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 27952 OF 2011 Vinod Ramlal Jaiswal .. Petitioner v/s. The Commissioner, Vasai Virar City Corporation & Anr. .. Respondents ......... Mr. R.S. Apte, Sr. Counsel, Neel G. Helekar, Ms. Anjali N. Helekar i/b Mandviwala & Co. for the petitioner Mr. A.G. Damle for the respondents ......... CORAM : R.Y.GANOO, J DATE : 19th OCTOBER,2011. P.C. : 1. Rule. Rule is made returnable forthwith. Learned Counsel on behalf of the respondent nos. 1 and 2 waives service. By consent, petition is taken up for hearing. 2. The copy of the notice issued by respondents dated 29th March, 2011 was made available to the Court. By the said notice under Section 53 of : 2 : 27952-11-Wpst=.sxw the Maharashtra Regional Town Planning Act, the respondents have directed the petitioner to demolish the suit structure. If this is the position, the petitioner was required to challenge the said notice before the appropriate Authority as per the provisions of M.R.T.P. Act. If this is so, the institution of the suit itself is not maintainable. In view of the above expression, learned advocate Mr. Apte states that his clients will file appropriate proceedings before the appropriate Authority under the M.R.T.P. Act and till that is done, for some time the land structure be protected. Learned Senior Counsel Mr. Apte upon instructions applies for withdrawal of the R.C. Suit No.196 of 2011 filed by the petitioner in the Court of learned Civil Judge, Junior Division, Vasai. In view of the above, following order is passed to dispose of the petition. ORDER (i) The petitioner is permitted to file appropriate proceedings before the appropriate Authority under the M.R.T.P. Act so as to challenge impugned notice dated 29th March, 2011. The land suit structure is now protected upto 15th November, 2011. (ii) The petitioner is free to approach the concerned Authority to apply for appropriate interim relief after the said proceedings are filed, : 3 : 27952-11-Wpst=.sxw request made by the petitioner for withdrawal of the suit No.196 of 2011 is granted. (iii) Accordingly, suit is allowed to be withdrawn with no order as to costs. Refund of Court fees is granted as per Rules. Petitioner to place pursis before the learned trial Judge informing him about the withdrawal of the suit. He shall also place on record copy of this order. (R.Y.GANOO, J.)