1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7135 OF 2011 Smt. Snehalata S. Dhuri ...Petitioner Versus Thane Municipal Corporation & Others ...Respondents Mr.R.S.Datar for the Petitioner Mr.Ajit Ram Pitale for the Respondent No.1 Mr.Sandesh Patil for the Respondent No.2 Mr.Raval, Dy. Engineer of Thane Municipal Corporation is present in the Court. CORAM:- R.Y.GANOO, J. DATED:- 18th OCTOBER, 2011. P.C. 1. Learned Advocate appearing on behalf of the respondent nos.1 and 2 waives service of the petition. By consent, petition is taken up for hearing. 2. The petitioner approached the Court of learned Civil Judge, Junior 2 Division, Thane by way of Regular Civil Suit No.313 of 2009 in order to seek protection in respect of structure covered by the said suit. Today, learned Advocate appearing on behalf of the respondent no.1 pointed out that in order to complete the process so as to determine whether the structure covered by the suit is authorized or otherwise, the Corporation had a desire to offer hearing to the petitioner on 28.5.2009 and in that behalf letter dated 22.5.2009 was addressed to Mr. Patkar, the Advocate for the Petitioner . 3. It is noticed that for diverse reasons the said hearing could not be completed. Now that the Corporation has shown willingness to give hearing to the petitioner as well as the respondent no.2, it will be necessary to allow the Corporation to complete the due process and arrive at finding whether the structure covered by the aforesaid suit is authorized or not. If said decision goes against the petitioner, it will be open for the petitioner to challenge the said order in the appropriate court. 4. In view of the above, petition is disposed of by passing following order: 3 ORDER i. The respondent no.1 shall afford hearing to the petitioner as party in person or through his Advocate. Respondent No.2 will also be able to remain present at the said hearing and oppose the contentions of the petitioner. ii. The date of the said hearing is now fixed., namely the concerned officer shall offer hearing as aforesaid on 21.10.2011. The hearing shall be offered at 11 a.m. ie. to say the petitioner and respondent no.2 shall appear before Mr.Ratan Avsarmal, Deputy City Engineer, Thane Municipal Corporation, having his office at Main Building of Thane Municipal Corporation, Thane. Concerned Officer shall give hearing and complete the proceedings. Thereafter, he shall inform his decision to the petitioner and if the petitioner is represented by Advocate, to the Advocate of petitioner. Iii. From today, till the service of the order which is to be passed by the concerned Officer, the respondent no.1 shall not demolish the suit structures. iv. If the order which is to be passed by the concerned Officer is 4 against the petitioner, the respondent no.1 shall not act on the said order for a period of two weeks from the date of service of the said order upon the petitioner or his Advocate whichever is earlier. v. In view of the aforesaid arrangements, the suit filed by the petitioner being Regular Civil Suit No.313 of 2009 has practically come to an end and the learned Advocate for the petitioner undertakes to this Court that he shall withdraw the suit by filing appropriate pursis before the Civil Judge, Junior Division, Thane, before whom the suit is pending. vi. It is clarified that if the order which is passed by the concerned Officer of the Corporation goes against the petitioner, the petitioner is free to challenge the said order by way of appropriate proceeding. As of today, this Court has not expressed any views as to whether the suit structure is authorized or otherwise. Vii. Since the date and time of hearing is fixed in the presence of the Advocate appearing on behalf of respondent no.2 Corporation, it is deemed to be treated as sufficient notice. The Corporation is not 5 required to be given fresh notice of the said hearing about the date and time. Petition is accordingly disposed of with no order as to costs. (R.Y.GANOO, J.)