1 Spb/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (Ldg.) NO. 1186 OF 2010 Mohammedali Chottu Sheikh .. Petitioner. V/s. The Municipal Corporation of Greater Mumbai .. Respondent. --- Mr.A.R.Pande for the Petitioner. Mr. Trupti Puranik for the Respondent. --- CORAM : R. M. SAVANT AND MRS.MRIDULA BHATKAR,JJ (Vacation Bench) DATE : 14TH MAY, 2010 P.C. 1. The above petition filed under Article 226 of the Constitution of India, seeks a direction against the Respondent Municipal Corporation, directing it to permit the Petitioner to take his goods being 109 Gunny bags of Goa Gutka packets stored at Gala No.A/2, Ground floor, Lockwood 2 Industrial Transport Services, Ware Housing, Ray Road East, Mumbai, after accepting 1% octroi duty on the said consignment of the petitioner in accordance with law. The learned counsel appearing for the petitioner states that the petitioner is ready and willing to pay the octroi for the goods in question so that they can be released. 2. The learned counsel appearing for the respondent- Municipal Corporation states that since prima facie it is a case of evasion of octroi, the petitioner is liable to pay the octroi and penalty as per the Rules. 3. We need not examine the issue as to whether the petitioner is liable to pay penalty or that whether the octroi has been rightly calculated by the Municipal Corporation, as the petitioner would have statutory remedy under the Mumbai Municipal Corporation Act, 1888. We only record the 3 statement of the learned counsel appearing for the petitioner that the petitioner would pay the octrio charges as leviable and payable including penalty, if any, which would be communicated to the petitioner/ his Advocate by the officers of the respondent-Corporation within two days i.e. by 15 th of May, 2010 by 5 p.m.. The petitioner would be entitled to the release of his goods only if he pays the octroi and the penalty, if any, that would be communicated by the respondent -Corporation to the Petitioner/ his Advocate. The Petitioner would thereafter be entitled to agitate the grievance, if any, as regards the amount of octroi or penalty before the forum provided under the Mumbai Municipal Corporation Act, 1888, in accordance with law. 4. In the light of the above the petition is disposed of. (MRS.MRIDULA BHATKAR,J.) (R.M.SAVANT. J.)