wp1794-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1794 OF 2011 Bhagat Hsg.Development Pvt Ltd .. Petitioner versus M.C.G.M & Anr .. Respondents Mr.G.V.Murthy a/w R.B.Jain i/by Legal Juris for the petitioner. Mr.M.M.Malvankar for the respondents. CORAM : S.C.DHARMADHIKARI, J. 22nd JUNE 2011. P.C.: . The only grievance made by Mr.Murthy appearing for the petitioner is that the respondents have not furnished copy of the order passed by them on the objections raised to the fixation of rateable value in respect of the petitioner’s property. 2 The advocate appearing for the Corporation states that the petition is not maintainable because the petitioner has an alternate and equally efficacious remedy of appeal under section 217 of the Bombay Municipal Corporation Act, 1888. 3 Mr.Murthy submits that the moment a copy of the order is furnished, the petitioner will file an appeal within two weeks wp1794-11.doc 2 from the date of receipt of the copy of the order passed by the Municipal Corporation. 4 In the light of this limited grievance, it is directed that within a period of 10 days from today, the respondents shall forward a copy of the order, if any, made on the objections to the petitioner. Needless, therefore, to then state that the petitioner shall file an appeal either impugning that order or treating the bill raised for payment of taxes as sufficient compliance with section 217 of the Act and file the necessary appeal. If the appeal is filed within a period of three weeks from the date of receipt of the order by Corporation, the same shall be entertained and decided in accordance with law without any objection as to the period of limitation and delay in filing the same. Writ Petition is disposed off. Ad-interim order will continue for a period of three weeks from the date of communication of the order to petitioner, after which period, it will come to an end automatically without further reference to the Court. (S.C.DHARMADHIKARI, J)