IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.2069 OF 2008 Ramjan Ali & Ors. .... Petitioners V/s. The Municipal Corporation of Greater Mumbai and Ors. .....Respondents Mr.Vijay Pandey a/w Mr.Pawan Mishra, for the Petitioners. Mrs.Archana Joshi, for respondents. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATED : 25th AUGUST, 2008. P.C. 1. By filing this petition, the petitioners who are occupying the premises in question have prayed that the respondent-corporation may be directed to cancel the public auction in connection with the non-payment of taxes by the original owner. The petitioners are not the original owners of the premises in question. The learned Advocate for the petitioners states that the petitioners are ready to pay the taxes to the respondent- corporation. The learned Advocate for the respondent-corporation on instructions states that if the auction is finalized, the petitioners/occupants will not be dispossessed without following the due process of law and the auction-purchaser will be informed accordingly. 2. No case is made out for staying the auction. However, if the petitioners have got any title over the premises in question, they can file substantive suit before the appropriate court by bringing appropriate evidence in this behalf. 3. In view of the statement of the learned Advocate for the respondent-corporation that if the auction takes place, the auction- purchaser will be informed not to evict the existing occupants, if any, without following due process of law, the learned Advocate for the petitioners crave leave to withdraw the petition. The petition is accordingly allowed to be withdrawn. The petition accordingly stands disposed of as withdrawn. ( A.A.SAYED, J. ) ( P.B.MAJMUDAR, J. )