15. wp 8059-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8059 OF 2011 Ramlotan Balikran Jaiswar .. Petitioner Vs Municipal Corporation of Greater Bombay & Ors .. Respondents Mr. P.M. Pradhan i/b Mr. Shrishail Sakhare for the Petitioner Mr. M.M. Malvankar for Respondent Nos. 1 and 2 Mrs. M.P. Thakur, AGP for Respondent No. 3 CORAM : D. D. SINHA & SMT. V.K. TAHILRAMANI, JJ DATE : 5th OCTOBER, 2011. P.C.: 1. Heard the learned counsel for the respective parties. 2. The grievance of the petitioner is against the impugned order dated 30th August 2011 passed by the Executive Engineer (B.P.) WS 'R' Ward whereby the proposal submitted by the petitioner for regularization of the suit structure came to be rejected on the ground that the petitioner failed to submit requisite papers to consider the said proposal. 3. At the outset, it is brought to the notice of this Court a specific 1 15. wp 8059-11.doc statement in paragraph 7 of the petition which reads thus: "The petitioner further submits that, instead of deciding the said proposal, the respondent BMC and its officers have demolished the suit structure on 27/7/2011 at about 12 to 12.30 p.m. deliberately, knowingly & willfully & in utter disregard & in violation of the said Status-quo order of this Hon'ble Court dt. 23/3/2011 passed in A.O. No. 238 of 2011. Therefore, the petitioner has filed a Contempt Petition No. 287 of 2011 against the respondent nos. 1 and 2 before this Hon'ble Court. The petitioner crave, leave to produce the copy of contempt petition at the time of hearing." 4. In view of the categorical statement made in above referred paragraph of the petition, it is evident that on 27th July 2011 at about 12.00 to 12.30 p.m., the suit structure came to be demolished by the respondent. In that view of the matter, there is no question of regularization or otherwise. Hence, no case is made out for interference. Writ Petition is dismissed. [ SMT. V.K. TAHILRAMANI, J ] [ D. D. SINHA, J ] 2 15. wp 8059-11.doc 3