1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa WRIT PETITION NO. 1917 OF 2010 ALONGWITH NOTICE OF MOTION NO. 492 OF 2010 Laxman Shivaji Patel .. Petitioner. v/s. Municipal Corporation of Greater Mumbai & Ors. .. Respondents. .... Mr.Ulhas G. Kerkar i/b. Vilas A. Mr. Jadhav, for the Petitioner. Mr. S. S. Pakale a/w. Ms. T. H. Puranik for Respondent Nos. 1 to 5. Ms. S. M. Dandekar, A.G.P. For Respondent No.6. Mr. Victor K. Fernandes for Respondent No.7. Mr. K. H. Panchal, S.E.(Maint.) of BMC present. .... CORAM : S. J. KATHAWALLA, J. DATE : SEPTEMBER 27, 2010. P.C. By consent of the parties, the following order is passed : :: O R D E R :: (i) Though the order dated 1st September, 2010 has been executed, the Respondents shall give a hearing to the Petitioner and pass a fresh order on or before 22nd October, 2010. 2 (ii) The Petitioner shall appear before the Assistant Commissioner of the Respondent No.1 on 5th October, 2010 at 3.00 p.m. when the Assistant Commissioner shall pass necessary directions in the matter. (iii) All contentions of the Petitioner, are kept open. (iv) In the event of the fresh order being adverse to the Petitioner, the pitch on which the stall of the Petitioner was situated and is now demolished, shall not be allotted to any other party till a fresh order is passed by the Respondents and for a period of two weeks thereafter. (v) In the event the fresh order of the Respondents is in favour of the Petitioner, he shall be entitled to forthwith put up/reconstruct his stall on the said pitch. 2. The Petition is, accordingly, disposed of. The Notice of Motion No. 492 of 2010, also stands disposed of. [ S. J. KATHAWALLA, J. ]