1 4wp682-10.sxw srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 682 OF 2010 Mrs. Dipti Dua & Anr. .. Petitioners Versus Municipal Corporation of Greater Mumbai (MCGM) & Ors. .. Respondents Mr. S.C. Naidu a/w Mr. Y.C. Naidu a/w Mr. N.P. Dalvi a/w Mr. S.D. Kulkarni i/b C.R. Naidu & Co. for the Petitioners. Mr. S.S. Pakale for Respondents. CORAM : S. J. KATHAWALLA, J. DATE : 6th April, 2010 P.C.: 1. Heard. 2 By this Petition the Petitioners have interalia impugned the Return under section 155 of the MMC Act, 1888 (Exhibit “J” to the petition) wherein, the property tax payable by the Petitioner is shown as Rs.6,41,552/- per annum. The learned advocate appearing for the Corporation has informed the Court that a hearing has been offered to the Society by the Corporation on 9 th April, 2010 at 12 noon. It is submitted that the Corporation is required to hear the society and not the petitioner. 2 4wp682-10.sxw 2 The Petitioner has admittedly filed an independent complaint with the Corporation and has sought a hearing from the Corporation. 3 Without going into the issue, whether the Corporation is required to hear only the Society and not the Petitioner, since a complaint is already filed by the Petitioner and the Corporation is giving a hearing to the society on 9 th April, 2010, the Corporation shall also hear the Petitioner on 9 th April, 2010 at 12.00 noon. 4 The Corporation after hearing the society and the petitioner as aforestated on 9 th April, 2010 shall raise a fresh demand on the society. Consequently the demand to pay the Petitioner raised by the Corporation stands suspended. 3 The writ petition is accordingly disposed of. (S. J. KATHAWALLA, J.)