hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2406 OF 2009 Paul Esteven D’souza and Anr. ... Petitioners Versus Municipal Corporation of Gr. Mumbai and Ors. ... Respondents Mr. V. S. Kapse for Petitioners. Ms. S.A. Module for R. No. 1. Mr. Girish Godbole with Mr. S.K. Chaurasia for R. No. 2. Mr. R.J. Mane, A.G.P. For R. No. 4. Mr. A.C. Singh i/by Mr. D.R. Shah for R. No. 3. CORAM : F.I. REBELLO & R.V. MORE, JJ. DATED : JUNE 17, 2010 P. C.: The Petitioners are aggrieved by the notice dated 17.9.2009 issued under Section 55 of the M.R.T.P Act. The grievance of the Petitioner is that before issuing this notice, the Respondent Corporation only heard Respondent No. 2 and their advocate and no opportunity was given to the Petitioner. Earlier Respondent No. 2 had approached this court by way of W.P .No. 920 of 2009 wherein the present petitioner was Respondent No. 3. This court had passed an order directing the Corporation to pass order after hearing the society. It appears that no reference was made for hearing the Petitioner herein. The Corporation pursuant to the order passed by this court, had passed the order after hearing only Respondent No. 2 and their advocate, but it appears that without hearing the petitioner herein. When this court passed the order, it was clear though name of the Petitioner herein was not referred but it has to be read that the Petitioner herein would also be heard as the impugned notice affects the civil rights of the Petitioner herein. In the light of that the following order : The impugned notice/order dated 10.10.2009 is set aside. The matter is remanded back to the concerned Officer of Respondent No. 1 who after hearing Respondent No. 2 and the Petitioners will pass appropriate orders according to law. The Petitioners and Respondent No. 2 to appear before the Assistant Commissioner G(N) Ward on 28th June, 2010 at 11.00 a.m. who thereafter will give date and hear the parties on merits and pass appropriate orders according to law without being influenced by the earlier orders on the notice. Rule made absolute accordingly. (R.V. MORE,J.) (F.I. REBELLO,J.)