1 26.wp-7812-10.sxw jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7812 OF 2010 Liyaquat Mohd. Saheb Kuruwale ..Petitioner versus The Municipal Corporation for Greater Mumbai & Ors. ..Respondents Ms. Amita Castellinho and Alisha Lambay i/b Lambay and Co. for Petitioner. Mr. Malankar for Respondent No.1 CORAM : D. D. SINHA AND SMT.V.K.TAHILRAMANI, JJ. DATED : OCTOBER 11, 2011. P.C. : 1 Heard the Counsel for the petitioner. 2 This writ petition is directed against the communication dated 3.3.2010 issued by the Assistant Commissioner, R/Central Ward, addressed to respondent no.4 (tenant of the petitioner). By virtue of the said communication, respondent no.4 was informed that no permission as such is required to carry out minor repairs and 2 26.wp-7812-10.sxw therefore, he was permitted to carry out minor repairs accordingly. He was also informed that under the guise of carrying out minor repairs, if unauthorised work/construction is carried out on the site, appropriate action for demolition of the same under the provisions of M.M.C. and M.R.T.P. Act will be taken. 3 The counsel for the petitioner has submitted that the respondent no.4 carried out construction beyond the minor repairs which were permitted by the authorities and therefore, appropriate action in this regard is required to be taken by the authorities for demolition of the same. It is in these circumstances, the counsel for the petitioner seeks to withdraw the present writ petition with liberty to make a representation in this regard to the competent authority within a period of two weeks and prayed that direction be given to respondent no.2 to decide the same in accordance with law within a stipulated period. 4 In the backdrop of the above referred fact, we dispose of the petition with liberty to the petitioner to make representation accordingly to respondent no.2. If such representation is made, we direct respondent no.2 to decide 3 26.wp-7812-10.sxw the same in accordance with law and procedure applicable in this regard within eight weeks from the date of the communication of this order by giving reasonable opportunity of hearing to the petitioner as well as respondent no.4. [SMT.V.K.TAHILRAMANI,J.] [ D.D.SINHA,J.]