1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2814 OF 2008 Homai Amritlal Shah ).. Petitioner Versus State of Maharashtra and others ).. Respondents Mr. K.V. Tembe for the Petitioners. Mr. G.W. Mattos, Assistant Government Pleader, for the State. CORAM : SWATANTER KUMAR, C.J. AND A.M. KHANWILKAR, J. DATED : 29TH SEPTEMBER 2009 P.C. The challenge in the present Writ Petition under Article 226 of the Constitution of India is to the communication dated 25th June 2008 issued by the Office of the City Survey Officer, Chembur, Mumbai to the Petitioner. Vide this communication, the Petitioner was directed to furnish NOC from the Collector. The contention raised before us is that the Conveyance Deed in form of Form HH does not contain any restriction upon the Petitioner to pay any transfer charges and it is not even necessary to take NOC from the Collector. Be that as it may, it is a question of factual controversy which needs to be examined by the Collector. Mere intimation does not, in our opinion, amount to raising a demand of charges for 2 transfer. We, therefore, direct the Collector to examine this question in furtherance to the intimation dated 25th June 2008 and pass appropriate orders within two months from today. Liberty to the Petitioner to place the judgment of this Court before the Collector. Writ Petition disposed of accordingly. No order as to costs. CHIEF JUSTICE A.M. KHANWILKAR, J.