1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.2362 OF 2008 PETITION NO.2362 OF 2008 PETITION NO.2362 OF 2008 Suryakant C. Jadhav ...Petitioner V/s. Municipal Corporation of Greater . Mumbai ...Respondent Mr.Vaibhav A. Sugdare a/w. Mr.Ashok Mishra for the Petitioner. Mr.N.A. Shaikh for the Respondent. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 22nd October, 2008 : 22nd October, 2008 : 22nd October, 2008. P.C.: P.C.: P.C.: . Heard the Counsel for the parties. 2. Rule, returnable forthwith by consent. Mr.Shaikh waives notice for the respondent. As short question is involved, Petition is taken up for final hearing by consent. 3. The sole grievance made in this Petition is that the Deputy Municipal Commissioner (Zone-III) has passed the impugned decision dated 21st August, 2008 without providing opportunity of being heard to the petitioner. The fact that no notice of hearing of the proceedings after submission of the reply to the show cause notice was given to the petitioner is not disputed by the Advocate appearing for the respondent-Corporation. The Counsel for the respondent-Corporation also concedes 2 that it was necessary for the authority to issue notice for personal hearing before taking final decision in the matter. 4. In the circumstances, the decision under challenge dated 21st August, 2008 cannot be sustained and will have to be set aside. The same is, therefore, set aside. At the same time it is made clear that it will be open to the respondent-Corporation to continue with the action of cancellation of licence by giving opportunity to the petitioner of being heard before taking final decision on the basis of self same show cause notice and the reply submitted by the petitioner in that behalf. That will have to be decided on its own merits in accordance with law. In addition, the respondent-Corporation will be free to take such action as may be necessary and permissible under law in relation to the basement area and first floor area which is used contrary to the licence condition and is stated to be unauthorised. That action be proceeded in accordance with law on its own merits. 5. The Petition is disposed of in the above terms. The respondent-Corporation to complete further proceedings on the basis of observations in this decision within one month from the date of receipt of 3 this order. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]