1 IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL ORIGINAL ORIGINAL SIDE SIDE SIDE WRIT WRIT WRIT PETITION NO. 2855 OF 2006 PETITION NO. 2855 OF 2006 PETITION NO. 2855 OF 2006 VIRAJ VIRAJ VIRAJ ENTERPRISES ENTERPRISES ENTERPRISES ...... PETITIONER. PETITIONER. PETITIONER. VS. VS. VS. VISHWANATH VISHWANATH VISHWANATH U. MADA & ORS. U. MADA & ORS. U. MADA & ORS. ...... RESPONDENTS. RESPONDENTS. RESPONDENTS. MR.UDAY MR.UDAY MR.UDAY BOBADE BOBADE BOBADE I/B. S.D.NANGRE FOR THE PETITIONERS. I/B. S.D.NANGRE FOR THE PETITIONERS. I/B. S.D.NANGRE FOR THE PETITIONERS. MR.NIKHIL MR.NIKHIL MR.NIKHIL BHAROD BHAROD BHAROD I/B. PRAVIN MEHTA & MITHI & CO. FOR I/B. PRAVIN MEHTA & MITHI & CO. FOR I/B. PRAVIN MEHTA & MITHI & CO. FOR RESPONDENT RESPONDENT RESPONDENT NOS. NOS. NOS. 1,2 AND 5. 1,2 AND 5. 1,2 AND 5. MR. MR. MR. K.R.BELOSEY K.R.BELOSEY K.R.BELOSEY GP FOR RESPONDENT NO.6. GP FOR RESPONDENT NO.6. GP FOR RESPONDENT NO.6. MR.A.Y.SAKHARE MR.A.Y.SAKHARE MR.A.Y.SAKHARE SR. AVOCATE, WITH MS. SHOBHA AJITKUMAR SR. AVOCATE, WITH MS. SHOBHA AJITKUMAR SR. AVOCATE, WITH MS. SHOBHA AJITKUMAR FOR FOR FOR RESPONDENT NO.7. RESPONDENT NO.7. RESPONDENT NO.7. MS. MS. MS. J.S.SALUJA I/B. M.V.KINI & CO. FOR RESPONDENT J.S.SALUJA I/B. M.V.KINI & CO. FOR RESPONDENT J.S.SALUJA I/B. M.V.KINI & CO. FOR RESPONDENT NO.8 NO.8 NO.8 MR. MR. MR. G.D.UTANGALE FOR RESPONDENT NO.10. G.D.UTANGALE FOR RESPONDENT NO.10. G.D.UTANGALE FOR RESPONDENT NO.10. ..... ..... ..... CORAM CORAM CORAM : J.N.Patel and A.A.Sayed, JJ. : J.N.Patel and A.A.Sayed, JJ. : J.N.Patel and A.A.Sayed, JJ. DATE DATE DATE : July 31, 2007. : July 31, 2007. : July 31, 2007. ..... ..... ..... P.C. P.C. P.C. 1.1.1. The The The learned Counsel for the Petitioner learned Counsel for the Petitioner learned Counsel for the Petitioner submits submits submits that though he is not concerned with the that though he is not concerned with the that though he is not concerned with the matter matter matter of misuse of the premises, which is reserved of misuse of the premises, which is reserved of misuse of the premises, which is reserved for for for pay and park, but it has been misused for the pay and park, but it has been misused for the pay and park, but it has been misused for the purpose purpose purpose of marketing used cars by Lexus Car Mart and of marketing used cars by Lexus Car Mart and of marketing used cars by Lexus Car Mart and 2 isisis used as a parking place for display of used cars. used as a parking place for display of used cars. used as a parking place for display of used cars. He He He further submits that he proposes to move the further submits that he proposes to move the further submits that he proposes to move the Competent Competent Competent Authority i.e. B.M.C. in the matter. Authority i.e. B.M.C. in the matter. Authority i.e. B.M.C. in the matter. 2.2.2. The The The learned Counsel for the Petitioner learned Counsel for the Petitioner learned Counsel for the Petitioner submits submits submits that he may be permitted to withdraw the that he may be permitted to withdraw the that he may be permitted to withdraw the petition petition petition with liberty to approach the B.M.C. for with liberty to approach the B.M.C. for with liberty to approach the B.M.C. for considering considering considering their proposal. Permitted to withdraw their proposal. Permitted to withdraw their proposal. Permitted to withdraw with with with liberty as sought. liberty as sought. liberty as sought. 3.3.3. The The The Petition is dismissed as withdrawn. Petition is dismissed as withdrawn. Petition is dismissed as withdrawn. 4.4.4. We We We expect that the Municipal Corporation as expect that the Municipal Corporation as expect that the Municipal Corporation as well well well as the State would take cognizance of the misuse as the State would take cognizance of the misuse as the State would take cognizance of the misuse of of of the place reserved for pay and park, for the place reserved for pay and park, for the place reserved for pay and park, for commercial commercial commercial purpose and if at all it is permitted to purpose and if at all it is permitted to purpose and if at all it is permitted to be be be so used, the Authorities should see to it that it so used, the Authorities should see to it that it so used, the Authorities should see to it that it being being being a public property, the revenue generated from a public property, the revenue generated from a public property, the revenue generated from ititit is either deposited is either deposited is either deposited inin in the Municipal the Municipal the Municipal Corporation’s Corporation’s Corporation’s Fund or the State Exchequer and does Fund or the State Exchequer and does Fund or the State Exchequer and does not not not go into the pockets of anybody else. go into the pockets of anybody else. go into the pockets of anybody else. ..... ..... ..... [J.N.Patel, [J.N.Patel, [J.N.Patel, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.] 3