IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.696 PETITION NO.696 PETITION NO.696 OF OF OF 2002 2002 2002 Mr. Ramchandra T. Gandhi.......Petitioner Versus Mr. Tarun Sharda & Ors..........Respondents Mr. O.S. Kutty with Mr. Shirish Lad i/b. V.S. Legal Associates for petitioner None for the Respondent Nos. 1 and 2. Ms. N.V. Sanglikar, for Respondent NO.3. CORAM CORAM CORAM : F.I. REBELLO & S.P. KUKDAY,JJ. : F.I. REBELLO & S.P. KUKDAY,JJ. : F.I. REBELLO & S.P. KUKDAY,JJ. DATED DATED DATED : 12th Appri : 12th Appri : 12th Appril, 2005 2005 2005 P.C. P.C. P.C. . Rule. Heard forthwith. None present for the Respondent Nos. 1 and 2 though served and appearance has been put up. 2. The grievance of the petitioner is that the respondent Nos. 1 and 2 have enclosed common open space and respondent No..3 has illegally granted permission for the same. It is submitted that this could not be done. 3. Considering the above and the petition is of the year 2002 the petition is disposed of by issuing the following directions:- (i) The petitioner within 15 days from today to formally address a representation to the Executive Engineer, Building Proposal, P & R. Ward. (ii) On such representation being received and after getting the same the respondent No.3 to dispose of the same within 3 months thereafter. (iii). Rule made absolute accordingly. No order as to costs. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (S.P. (S.P. (S.P. KUKDAY, J.) KUKDAY, J.) KUKDAY, J.)