:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1329 OF 2008 WITH CIVIL APPLICATION NO.1626 OF 2008 Laxmiben Maganlal Oza .. Appellant. Vs. The Municipal Corporation of Gr.Bombay and Others .. Respondents. Mr.A.C.Singh a/w Anil Jadhav i/b Mr.D.R.Shah for the appellants. Mr.A.Y.Sakhare, Sr.Adv. a/w J.J.Xavier for respondent nos.1 and 2. Ms.Preeti Shah for respondent no.3. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 23RD JANUARY, 2009. DATED : 23RD JANUARY, 2009. DATED : 23RD JANUARY, 2009. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Mr.Singh, learned counsel for the appellant after arguing this appeal for sometime, on instructions, prayed for withdrawal of this appeal with liberty to the appellant to make a representation to the concerned Deputy Municipal Commissioner seeking reconsideration of the decision dated 5.5.2008 by which the Asst.Commissioner, F-South Ward has cancelled the photopass issued to the appellant. He further prayed for directions to the Deputy Municipal Commissioner to consider her representation on merits in accordance with law. :2: :2: :2: Mr.Sakhare, learned senior counsel appearing for respondent nos.1 and 2 submits that he has no objection for granting such liberty, however, he submitted that this may not be construed as a right of the appellant to make such representation and direction to the Commissioner to entertain such representation, if law and policies of the corporation do not permit to do so. Having considered the submissions of the learned counsel for the parties I am satisfied that the following order shall meet the ends of justice: . This appeal is dismissed as not pressed. The appellant shall have a liberty to make a representation as aforementioned within a period of two weeks from today. If such a representation is made by the appellant, same may be considered by the concerned Deputy Municipal Commissioner on merits in accordance with law and in the light of policies, if any, of the corporation. While granting the liberty to the appellant to make representation as aforementioned I shall not be understood to have examined the right of the appellant to make such representation and powers of the Deputy Municipal Commissioner to entertain the said representation. The D.M.C. shall pass an order on the said representation as expeditiously as possible and :3: :3: :3: preferably within a period of eight weeks from the date of receipt of representation in accordance with law. . The appellant and all adult members in his family shall file an undertaking in this court within ten days from today stating that if the representation is rejected by the D.M.C. they shall remoive the suit structure on or before 15th May, 2009 and shall not claim any right whatsoever in respect of the suit structure. It is needless to state that the appellant shall furnish copies of the undertaking to the advocate for other side within one week from the date of filing of such undertaking. Only if the appellant files an undertaking and makes representation as aforementioned the corporation shall not demolish the suit structure till 15th May, 2009. The appeal from order is disposed of in the aforesaid terms. . Consequently, the civil application is also disposed of. . The parties to act on a copy of this order duly authenticated by the Registry of this court. :4: :4: :4: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)