1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.14 OF 2009 IN WRIT PETITION NO.3 OF 2008 Indrani Coop.Housing Society Ltd. and Anr. .. Petitioners Versus The Municipal Corporation of Gr.Mumbai and Ors. .. Respondents Mrs.N.V.Sanglikar for petitioners Ms.T.H.Puranik for B.M.C. CORAM : S.C.DHARMADHIKARI, J. DATE : 16th March 2009. P.C. 2 . Grievance of the petitioner society in this contempt petition is that contrary to the order and directions of this Court in the writ petition preferred by them and one another society, the Municipal Corporation of Gr.Mumbai, through its Assistant Engineer (Maintenance) M-West Ward has issued notices under section 488 of Mumbai Municipal Corporation Act only to the petitioners, calling upon them to hand over physical possession of the land under the set back area. 2. My attention is invited to the order of the Division Bench and more particularly the observations of the Division Bench at paras 3 to 5 of the order. 3. When this Contempt Petition was placed for admission, Mrs.Puranik appearing for respondents, after taking instructions from Mr.L.D.Jagdale, Assistant Engineer (Maintenance) 3 M-West Ward makes a statement that the petitioners are not the only one who have received the notice but the other societies are also served with these notices. Notices were served because of the ensuing monsoon and as the respondents were desirous of not only making a road but also constructing Nalla so that rain water is drained out. 4. However, after the matter was argued for some time, Mrs.Puranik on further instructions makes a statement that the notices, copies of which are annexed as Exh.C and D to this Contempt Petition stand withdrawn and no action in furtherance thereof will be initiated by the Corporation against the petitioners. 5. She prays that some lenient view be taken inasmuch as this is not a case of wilful disobedience of the order and direction but considering larger public interest notices were 4 issued. Now that the position is pointed out to the officers, they have withdrawn the impugned notices. 6. In my view, since the notices are withdrawn and no action in furtherance thereof is being proposed, taking a lenient view of the matter and accepting the apology on behalf of respondents, contempt petition stands disposed of. (S.C.Dharmadhikari, J)