1 wp1963-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1963 OF 2011 Jagdish P. Deshpande ..Petitioner Vs State of Maharashtra and ors. ..Respondents -- Mr.K.K.Singhavi, Senior Counsel with Dr.Virendra Tulzapurkar with Mr.A.A.Kumbhakoni with Dr.Birendra Saral and Mr.G.S.Godbole with Mr.Hitesh Jain and Mr.Subhash Jadhav i/b.ALMT Legal, for petitioner. Mrs.Molina Thakur, AGP for respondent no.1. Mr.P.K.Dhakephalkar, Senior Counsel with Mr.A.P.Kulkarni, for respondent nos.1 and 2. -- CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 10 th MARCH, 2011 P.C: Mr.Dhakephalkar, learned Senior Counsel for respondent nos.2 and 3, on instructions of Mr.Vivek Kharwadkar, Addl. City Engineer, makes a statement that the third respondent will withdraw order dated 4 th March, 2011 which is annexed at exhibit “I” to the petition and will issue show cause notice to the petitioner within one week. 2] Mr.Singhavi, learned Senior Counsel for the petitioner makes a statement that the petitioner will give reply to the said show cause notice within a period of three weeks from the date of receipt of notice. 2 wp1963-11.sxw 3] The above statements are accepted. Upon filing reply by the petitioner, the third respondent shall pass an order thereon after following the principles of natural justice. Needless to mention that we have not expressed any opinion on merits of the case. All contentions of both the sides are kept open. 4] If the order passed by the third respondent is adverse to the petitioner, without prejudice to the rights and contentions of the third respondent, the same shall not be implemented for two weeks from the date of order. During the period of said two weeks, the petitioner shall not submit fresh plans. 5] Writ Petition is disposed of. [R.G.KETKAR, J.] [SMT.RANJANA DESAI, J.]