1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3369/2007 Dharmanand G.Doda & Ors. Petitioners vs. Municipal Corporation for the City of Kalyan & Dombivli & Ors. Respondents Mr.s.G.Deshmukh i/b Mr.M.S.Kumthekar for the petitioners Mr.A.H.Palekar ,AGP for Res.5 Mr.A.S.Rao for Res.1 & 2 CORAM : J.N.PATEL & MRS.MRIDULA BHATKAR,JJ. DATED : 20TH APRIL,2009 P.C. . Heard. 2] Rule. Rule returnable forthwith and heard finally by consent of the parties. 3] The respondents waive service. 4] This petition is filed praying to issue writ certiorari or any other appropriate writ ,order or direction in the like nature under Article 226 of the Constitution of India thereby quashing and setting aside the demand notices which are at Exh.'C' issued by the 2 respondent nos.1 and 2 . It is contended that the petitioners are having small shops and they are the tenants of the Corporation since last several years. It is contended that the respondents are trying to invoke the provisions of Section 82(b) of the Bombay Provincial Municipal Corporation Act,1949 and thereby are trying to create a ground for dispossessing the petitioners from their shop premises occupied by them. It is further contended that the similar action of the respondents was opposed by the tenants at Kalyan having such shops and their possession had been regularised by the respondents earlier. Shop keepers at Kalyan have earlier filed Writ Petition no.361/1993 against the Kalyan Municipal Corporation and others and in the said Writ Petition the parties have submitted the consent terms and the minutes of order as per the consent terms were recorded on 15/2/2003 and in view of the said minutes the Writ Petition no.361/93 was disposed of. The present petitioners seek the similar relief on the ground of parity. Hence this petition. 5] The learned counsel for the petitioners in support of his contentions submitted that the respondents cannot apply different yardstick to the shop keepers within the similar jurisdiction and this is discriminatory and arbitrary and ,therefore, the impugned notices of demand of enhanced rent and threatening dispossession are to be quashed and set aside . The learned counsel for the petitioners has further submitted that the petitioners are in fact ready and willing to pay the rent as per the minutes of order in Writ Petition no.361/93 dated 15/2/2003. 3 6] The learned counsel for respondent nos.1 & 2 submits that if the petitioners are ready to pay as per the minutes of order dated 15/2/2003 then the respondent Corporation is ready to accept that proposal and will withdraw the impugned notices demanding enhanced rent and warning dispossession. 7] The petitioners in so far as respondent nos.3 ,4 and 5 are concerned fairly submit that no relief is sought against them and they should be deleted. Deletion is granted . Respondent nos.3,4,and 5 be deleted forthwith. 8] In view of these submissions and the statements on behalf of the petitioners and respondent nos.1 and 2 we allow the petition to the extent of quashing and setting aside the impugned notices i.e. Exh. 'C' collectively and direct respondent nos.1 and 2 to regularise the possession of the petitioners in respect of suit shop-galas occupied by the petitioners at Mahatma Gandhi Road ,Dombivli (West), by adopting the very procedure as adopted by them in the minutes of order dated 15/2/2003 in Writ Petition No.361/93 . The exercise be completed within period of 8 weeks from the date of disposal of this petition. 7] Rule is made absolute in the above terms . No order as to costs. 4 (J. N. PATEL , J ) (MRIDULA BHATKAR, J)