1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 6587 OF 2011 Shri Sanjay Sampatrao Bodke ...Petitioner Versus The Commissioner, Nashik Municipal Corporation & Others ...Respondents Mr.H.E.Palwe for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 15th SEPTEMBER, 2011. P.C. 1. The Nashik Municipal Corporation issued notice alleging that the structure mentioned in the notice dated 1st February, 2011 is unauthorized. The petitioner filed reply, and thereafter the Corporation came to the conclusion that the structure is unauthorized and directed the petitioner to demolish the same. In order to have protection to the suit structure and to challenge the decision of the Corporation, the petitioner filed Regular Civil Suit No.148 of 2011 in the Court of Civil Judge, Senior Division, Nashik, District Nashik. In the said suit, the 2nd Joint Civil Judge, Senior Division, Nashik, by order dated 22nd July, 2011 directed that the Commissioner be 2 appointed to visit the suit site and furnish particulars on certain points, in all six in number. 2. Learned Advocate for the petitioner conceded before this Court that because the Commissioner charges at Rs.1000/- were not paid, the Commissioner did not proceed and thereafter the application below Exhibit 5 was dismissed against which Misc. Civil Application has been filed. The Commissioner has not visited the site for non payment of charges and thereafter Exhibit 5 application is rejected. In practice this Order dated 22nd July, 2011 has become infructuous. In view of this, nothing survives in this petition. Petition is dismissed with no order as to costs. 3. It is clarified that it is open for the learned District Judge, before whom Misc. Civil Application is pending to consider non payment of Commissioner charges and effects thereof. (R.Y.GANOO, J.)