: 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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2749 OF 2008 Saminullah Din Mohamed ..Petitioner. Vs. The Municipal Commissioner of Greater Mumbai & Anr. ..Respondents. WITH WRIT PETITION NO.2750 OF 2008 M. K. Builders ..Petitioner. Vs. The Municipal Commissioner of Greater Mumbai & Anr. ..Respondents. Mr.Uday Bobde i/b.Mr.Mukesh Subramaniam for the Petitioners. Ms.Parani for the Respondents - B.M.C. CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, DATED : DATED : DATED : 9TH FEBRUARY, 2009 9TH FEBRUARY, 2009 9TH FEBRUARY, 2009 P.C. : P.C. : P.C. : Rule. Rule made returnable forthwith and heard. 2. Admittedly, the Petitioner has not been heard before the final order was passed. 3. In the circumstances, the Writ Petitions are disposed of by the following order :- : 2 : i) The impugned order is set aside. The Petitioners shall maintain status-quo in respect of the said structure in all respects. ii) The Assistant Commissioner, K/West Ward shall hear the Petitioners and thereafter pass a reasoned order. iii) The Petitioners shall appear before the Assistant Commissioner in the first instance at 11.00 a.m. on 24.2.2009 and thereafter as directed by him. 4. The Writ Petitions are disposed of. ***