1 WP No.8829 of 2010 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8829 OF 2010 Essar Telecom Infrastructure Pvt. Ltd. ..Petitioner Vs. Thane Municipal Corporation & Ors. ..Respondents Mr. F. Divetri Senior Counsel with Ms Ankita Singhaniya with Mr. H. Rahman i/b D.H.Law Associates for the Petitioner Mr. N. R. Bubna for Respondent Nos.1 to 3 Mr. V. S. Gokhale AGP for Respondent No.5 CORAM :- V.C.DAGA & R.M.SAVANT,JJ. DATE :- 29th OCTOBER ,2010 P.C. 1 Perused Petition. 2 Heard the Learned Counsel for the parties. 3 Mr. Bubna appearing for the Corporation submits that so far as the impugned action is concerned, the Petitioner would be given an opportunity to make their submissions and after hearing the Petitioner appropriate reasoned order following principles of natural justice would be passed. 4 Mr. Bubna further submits that in the event, the impugned order is adverse to the Petitioner, the same shall not be acted upon for a period of 15 days from the date of communication. 5 So far as the disconnection of the electricity supply to the site at 2 WP No.8829 of 2010 roof top of the building namely “New Sai Darshan Co-operative Housing Society Limited”, C.T.S. No.230, Tikka No.3, Opp Rajshree Park, K.K.Road, Mahagiri, Thane (W), is concerned, Mr. Bubna submits that the Corporation shall issue letter informing MSEB about withdrawal of their instruction wherein request was made to them to disconnect supply of electricity to the said site. 6 Mr. Bubna further submits that so far as the above construction is concerned it is unauthorised in the eyes of Corporation. That the Municipal Corporation shall issue fresh show cause notice to the Petitioner and after hearing them appropriate reasoned order would be passed followed by request to MSEB to disconnect electricity supply to the said structure. In the event the order is adverse to the Petitioner in respect of the subject structure, the Corporation shall not act upon the said order for a period of 15 days. 7 All the above statements made by Mr. Bubna on behalf of the Corporation are taken on record with the consent of the Petitioner. The Petitioner is agreeable to the arrangement incorporated herein. 8 In the above view of the matter, cause of action to proceed with the Petition does not survive. Keeping all rival contentions of the parties open on merits, Petition stands disposed of with no order as to costs. (R.M.SAVANT,J.) (V.C.DAGA,J.)