1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5678/2007 (Ashok Rameshwarlal Agrawal VERSUS Corporation of City of Nagpur thro. its Commissioner & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Gordey, counsel for the petitioner. Mr. Mishra, counsel for the R-1. Mrs. Jawalkar, counsel for the R-2. Mr. Parchure, counsel for the R-3. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : FEBRUARY 20, 2008. Heard. It is not in dispute that pursuant to the notice dated 07.11.2007 issued by the Assistant Commissioner, Nagpur Municipal Corporation, Nagpur by invoking power under Section 53(1) of the Maharashtra Regional Town Planning Act, 1966, whereby the petitioner is directed to demolish the construction in question/stop the unauthorised construction. It is also not in dispute that the petitioner has already submitted objection as well as application seeking permission for necessary sanction under Section 54(3) of the said Act which is pending with the respondent authorities for necessary action. Mr. Mishra, the learned counsel for the 2 Corporation, submitted that if the application is made as per the provisions of law and is maintainable, the same shall be considered by the authorities according to law and procedure applicable in this regard within a period of six weeks from today, if not yet decided, and the decision on the said application shall be communicated to the petitioner. In the backdrop of the above referred fact, the cause of action involved in the instant petition, in our view, is premature. Hence, the writ petition is dismissed. Since We expect the respondents to decide the application of the petitioner within a period of six weeks, the interim order, if any, shall continue to operate for a period of six weeks and thereafter the same shall automatically cease to operate. If the decision is already taken by the Corporation by rejecting the application of the petitioner, the interim protection granted shall stand revoked. JUDGE JUDGE APTE