1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6768 OF 2011 M/s.Jeevdani Gas Service ...Petitioners Versus Mira Bhayander Municipal Council ...Respondents Mr.A.G.Damle i/b. Ashish J. Dubey for the Petitioners Mr.N.R.Bubna for the Respondents CORAM:- R.Y.GANOO, J. DATED:- 9th SEPTEMBER, 2011. P.C. 1. Rule. 2. Rule made returnable forthwith. 3. Learned Advocate Mr. Bubna, appearing on behalf of the respondents waives service. By consent, petition is taken up for hearing. 4. Application in Special Civil Suit No.409 of 2004 was filed by the petitioners against the respondents. Petitioners were unsuccessful in 2 getting an order of injunction restraining the respondents from demolishing the suit structure, at the hands of the trial court i.e. 6th Joint Civil Judge, Junior Division, Thane, District Thane. The appeal filed against this order being Civil Appeal No.182 of 2010 has also been dismissed by order dated 6th July, 2011. Being aggrieved by these two orders, the petitioners have approached in this Court. 5. When this petition was taken up for hearing, learned Advocate appearing on behalf of the respondents fairly admitted that Notice under Section 260(1)(ii) of Provincial Municipal Corporation Act, 1949 is not been served though such a statement is found in notice dated 8th July, 2004. Copy of which is annexed at page 54A of the petition. 6. Learned Advocate appearing on behalf of the respondents submitted that within four weeks from today respondents shall serve notice under Section 260(1)(ii) of the Provincial Municipal Corporation Act, 1949 upon the petitioners and thereafter follow the provisions of law and attend to the said notice. He also assures this Court that personal hearing shall be offered to the representative of the 3 petitioners in order to complete the formalities in accordance with the provisions in the judgment in the case of Sopan Maruti Thopate & Another vs. Pune Municipal Corporation and Another reported in 1996(1) Mh.L.J. 963. 7. Statement made by learned Advocate for the respondents, upon instructions from his client are accepted. In view of this, nothing survives in this petition. Same is disposed of in terms of the statement made by learned Advocate for the respondents. 8. After the aforesaid order is passed, learned Advocate for the petitioners submitted that he will make an appropriate application within a period of three weeks from today, before the 6th Joint Civil Judge, Senior Division, Thane, for withdrawal of the suit by tendering a copy of this order. (R.Y.GANOO, J.)