1 wp8292-10 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8292 OF 2010 Pannalal Kanojia and another .. Petitioners Versus Kalyan Dombivili Municipal Corporation and others .. Respondents Mr. M. D. Modgi for the petitioner CORAM : R. Y. GANOO, J. DATED : 27th September, 2011 P.C. 1. Heard learned advocate for the petitioner. 2. The petitioner filed Regular Civil Suit No. 516 of 2004 in the Court of Civil Judge, Junior Division, Kalyan, challenging the orders of the Kalyan Dombivali Municipal Corporation-Respondent no.1 issued under the provisions of Section 260 of the Bombay Provincial & Municipal Corporation Act. An application Exh. 5 filed by the petitioner for temporary injunction was rejected by order dated 2nd April, 2006. Thereafter, the petitioner filed Misc. Civil Appeal No. 56 of 2007 in the Court of the Ad-hoc District Judge, Kalyan. That appeal was also dismissed by order dated 29th June, 2010. These two orders are challenged in this petition. 3. There being actions under the provisions of Section 260 of the Bombay Provincial & Municipal Corporation Act, it was the responsibility of the petitioner to make out a prima facie case that the structure covered by the suit is authorized. Both the courts have held against the petitioner. Having gone through the said orders, I am not inclined to interfere in the said orders. Even 2 wp8292-10 before this Court, the petitioner could not produce any document to show that the structure is authorized. 4. In the above facts and circumstances of the case, the petition deserves to be dismissed. Hence the following order. 5. The Petition is dismissed. 6. There shall be no order as to costs. (R. Y. GANOO, J.)