1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4265 OF 2008 M/s.D.Dahyabhai & Company .. Petitioner Vs. The Municipal Corporation of the City of Thane and Anr .. Respondents Miss Gauri Godse for the petitioners Mr.R.S.Apte for respondent nos.1 Ms.M.P.Thakur, A.G.P. for respondent nos.2 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & S.J.KATHAWALA, JJ. S.J.KATHAWALA, JJ. S.J.KATHAWALA, JJ. DATED : 8TH OCTOBER, 2008 DATED : 8TH OCTOBER, 2008 DATED : 8TH OCTOBER, 2008 P.C.: 1. Heard. 2. The petitioner having already availed of the alternate remedy by preferring an appeal before respondent nos.2, we are inclined to dispose of this petition in terms of prayer clause (b). We therefore, direct respondent nos.2 to take up the Appeal of the petitioner i.e. Appeal no.1208 of 2 2007 and dispose it of in accordance with law as expeditiously as possible and preferably within a period of 8 weeks from the date of communication of this order. Petitioner to communicate this order to respondent nos.2. Petition stands disposed of accordingly. Needless to state that incase the petitioner fails to succeed in the appeal, his remedy to approach this court under Article 226 and 227 of the Constitution of India is always open. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( S.J. KATHAWALA, J ) ( S.J. KATHAWALA, J ) ( S.J. KATHAWALA, J )