1 WP-1431/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1431 OF 2011 Shree Kunthu Impex Pvt. Ltd. and anr. : Petitioners. Versus Mumbai Municipal Corporation and ors. : Respondents. Mr.Firoz Palkhiwala i/by Mr.Nagendra Dube for the Petitioners. Ms. V S Gharpure for Respondent Nos.1 to 3. Mr. Atul Damle, Mr.Hemang Jariwala a/w Mr. Nikhil Rajani i/by M/s. V Deshpande & Co. for Respondent No.4. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 17th August 2011 P.C. 1 The grievance of the Petitioners is that, the Executive Health Officer of the Mumbai Municipal Corporation, who has passed the impugned order, has refused to renew the licence under Section 394 of the Mumbai Municipal Corporation Act on the ground that the owner of the premises has objected for the same and, the NOC granted by the owner to the Petitioners has already been withdrawn by the owner. The grievance of the Petitioners is that the concerned officer has given hearing to one side only and the Petitioners were not heard. 2 The impugned order has been passed by the officer of the Corporation after hearing one side only. It is his duty to hear the other side also. Since the impugned order is passed in breach of the principles of natural 2 WP-1431/11 justice, we remand the matter back to the Corporation for passing appropriate orders in accordance with law after hearing both sides within a period of eight weeks from date. The impugned order dated 25/10/2010, Exhibit-A to the Petition, is accordingly set aside. It is clarified that we are not expressing any opinion on the merits of the Petition and it is for the corporation to see as to whether the prayer made by the Petitioners for renewal of licence can be be granted or not considering the facts and circumstances of the case. Subject to what is stated above, the Petition is disposed of. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]