1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISCELLANEOUS CIVIL APPLICATION (REVIEW) NO. 266 OF 2009 IN LETTERS PATENT APPEAL NO. 355 OF 2006 IN WRIT PETITION NO. 2045 OF 2005 (D) (Girjabai Babulalji Bais .v. Nagpur Municipal Corporation and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE AND PRASANNA B. VARALE, JJ. 12TH JUNE, 2009. Heard Shri I.S. Charlewar, the learned Counsel for the applicant. By this application, the applicant seeks review of the order dated 18.11.2008 passed by the Division Bench of this Court in LPA No. 355 of 2006 on the ground that there is an apparent error on the face of record. The notice under Section 289(1) issued by the Nagpur Municipal Corporation to the petitioner was challenged by the petitioner/applicant before the appellate authority. The appellate authority dismissed the appeal against which the petitioner preferred Writ Petition No. 2045 of 2005 before the learned Single Judge which was dismissed by an order dated 13th November, 2006. By order dated 18.11.2008, LPA 2 preferred against the said order, was dismissed. The learned Counsel for the applicant submits from the very fact that although a notice was issued, the structure is in existence till date it is clear that there was no eminent danger for the public safety. It clearly demonstrates that the notice under Section 289 was not issued in proper exercise of jurisdiction. We are unable to accept this argument. There is no merit in the application. Hence the same is dismissed. JUDGE JUDGE *rrg.