1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CONTEMPT PETITION NO.67 OF 2009 IN WRIT PETITION NO.2194 OF 2007 AND WRIT PETITION NO.1957 OF 2007 V. Krishnamoorthy, Sole Proprietor of Meena Advertisers ..Petitioner. Vs. Municipal Corporation of Greater Mumbai and another ..Respondents. .... Mr. Sanskar Marathe with Ms Preeti Menon i/b Indian Law for the Petitioner. Ms T.H. Puranik for the BMC – Respondents 1 and 2. .... CORAM : DR. D.Y. CHANDRACHUD, J. 27th July, 2009. P.C. : The grievance is that despite a direction issued by the Division Bench on 8th April, 2008, the representation submitted by the Petitioner on 23rd April, 2008 has not been disposed of within four weeks. 2 The letter of the Superintendent of Licences dated 5th January, 2009 (Exhibit J) would show that the representation was forwarded to the Assessor and Collector on 24th April, 2008. Counsel appearing for the Municipal Corporation states that a hearing was given to the Petitioner and copies of the order sheet have been placed on the record. The minutes of the hearing dated 20th February, 2008 are to the effect that the hearing was adjourned to 11th March, 2008 to receive the written arguments on behalf of the Petitioner. In reply to a query under the Right to Information Act, the Petitioner’s advocates were informed on 2nd December, 2008 that the representation was not traceable. Subsequently, on 11th December, 2008 a copy of the representation was forwarded again. A hearing took place on 7th March, 2009 when the Assessor and Collector directed that the Superintendent shall fix the next hearing and adjourned the proceedings sine die. The Petitioner’s counsel stated that further evidence would be produced in support of the submissions. The Petitioner does not appear to have filed any further submissions. Counsel appearing on behalf of the Petitioner states that the Petitioner does not wish to submit any further representation or evidence. In that view of the 3 matter, counsel appearing on behalf of the Municipal Corporation states on the instructions of Kazi Mohammed Iqbal Mohammed Ali, Assistant Assessor and Collector, ‘A’ Ward, that a final decision shall be taken and will be communicated to the Petitioner within four weeks from today. Having regard to all the circumstances of the case, this is not a fit and proper case for the exercise of the contempt jurisdiction. The Municipal Corporation shall now abide by its statement. The Contempt Petition is accordingly disposed of. *****