IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 991 OF 2006 Smt. Sudesh Kumari ... Petitioner V/s. Assistant Collector (Assessment)... Respondent Municipal Corporation of Brihan- Mumbai & Ors. Mr. L.M. Acharya i/b. Haresh Mehta & Co. for the petitioner. Mrs. S. Ajirkumar for respondent No. 1 & 3. Mr. A.A. Sayed, AGP for respondent Nos. 4 & 5. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & ANOOP ANOOP ANOOP V. MOHTA,JJ. V. MOHTA,JJ. V. MOHTA,JJ. DATED DATED DATED : 02nd May, 2006 : 02nd May, 2006 : 02nd May, 2006 P.C. . Rule. Heard forthwith. 2. Petitioner claims that she has taken property from previous lessee. MHADA the owner of the property has effected transfer by communication dated 05-07-1999. Petitioner thereafter submitted proposal to the Executive Engineer of the respondent- Corporation. 3. It appears that in the record of respondent - corporation, property continues to remain in the name of the previous lessee. As there were dues, notice was given to previous lessee. No notice was given to the present owner. The warrant of attachment was issued on failure by lease holder to pay the amount. ( 2 ) 4. It is case of the petitioner that she is lessor of the property and no notice was given to her. Considering these circumstances, the entire action of putting the property for sale without notice is without authority of law being against the principle of natural justice and fair play. The issue involves civil rights of the petitioner. 5. By previous direction, we had directed the petitioner to deposit the amount of claim of Rs. 60000/-. That amount has been deposited and as such the rights of the petitioners will have to be secured. 6. In the light of that we dispose of the petition by issuing the following directions :- i. Petitioner to deposit balance amount of Municipal dues within 15 days from today. ii. Respondent corporation to serve demand notice on petitioner towards the cost of the auction expenses including advertisement, if any. On demand being served on the petitioner, that amount to be paid at any rate within two weeks of the demand. ( 3 ) 6. Considering the above, petition made absolute in terms of prayer clause (a) & (b). There shall be no order as to costs. [F.I. [F.I. [F.I. REBELLO, J.] REBELLO, J.] REBELLO, J.] [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]