1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 388 OF 2008 WRIT PETITION NO. 388 OF 2008 WRIT PETITION NO. 388 OF 2008 M/s. Gujrat Estate. .. Petitioners. vs. Mira Bhayandar Municipal Corporation. .. Respondents. Mr. N.P. Pandit i/by R.U. Singh for Petitioners. Mr. Ashutosh Gole i/by R.S. Apte for Respondents. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. DATE: 13H FEBRUARY, 2008. DATE: 13H FEBRUARY, 2008. DATE: 13H FEBRUARY, 2008. P.C. . Heard the learned counsel for the petitioners. 2. This petition can be disposed of at the stage of admission itself. 3. The petitioner has approached this Court seeking a writ of mandamus to the respondents not to take further action pursuant to the cancellation of no objection certificate vide letter No. MBMC/TP/730/07-08 dated 1.6.2007 for Non Agricultural 2 permission and restore No Objection letter No. MBMC/TP/3123/06-07 dated 20.12.2006 issued by the Respondents without following due process of law. 4. It is the contention of the learned counsel for the petitioners that the petitioners were not given an opportunity of hearing before the impugned order came to be passed cancelling the NOC granted to the petitioners. Even the communication in respect of hearing was received after the date of hearing was over. On this aspect the matter is not contested and the respondents are ready to hear the petitioners and take a fresh decision in the matter. Therefore, we dispose of this petition by quashing and setting aside the impugned order and directing the respondents to give an opportunity of hearing to the petitioners and after hearing the petitioners pass a speaking order in compliance of the principles of natural justice. In the meantime, the petitioners would maintain status quo in so far as the subject property of the petition is concerned. We expect the respondents to take a decision in the matter within 8 weeks from the date of petitioners appearing before the respondents. The petitioners are directed to appear before the respondents on 1.3.2008. 5. The petition stands disposed of accordingly. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) 3 (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.)