1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 234 OF 2009 Babubhai Koli Proprietor of M/s. Arise Advertisers. ... Petitioner. Vs. The Board of Trustees of the Port of Mumbai & Ors. ... Respondents Mr. R.A.Dada, Senior Counsel, with Mr. Kirit J. Hakani, Advocate, for the petitioner. Mr. Umesh Shetty with Mr. Rahul Khandekar, i/b. Little & Co., Advocates, for respondent Nos. 1 & 2. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 15th February, 2010. P.C. 1. The contention as urged on behalf of the petitioner is that the demand made by way of damages for the period from 1.4.1998 onwards till removal of the hoarding is without jurisdiction inasmuch as that was not the subject matter of the show cause notice which was issued to the petitioner herein. 2. Earlier, the petitioner approached this Court and this Court had in Writ Petition No.461 of 2003 by the order dated 21.7.2004, disposed of that 2 petition. This contention, it appears, has not been dealt with apparently as it was not raised. 3. Considering the above, in our opinion, the present petition impugning the said demand which formed part of the order dated 19th December, 2000 really cannot be enquired into in the present petition. 4. The present petition, therefore, will have to be dismissed. However, it will be open for the petitioner to apply for review in W.P. No.461/2003 and that be considered independently after hearing the respondents. 5. The demand in respect of mesne profits not to be acted upon for a further period of four weeks from today. With the above observations, the petition is disposed of. (J.H.BHATIA,J.) (F.I.REBELLO,J.)