1 WP1594/08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1594 OF 2008 Ms Pratibha M. Shah ...Petitioner v/s The State of Maharashtra and others ...Respondents Mr V.A. Thorat, Sr. Counsel with Ms Rajani Iyer, Sr. Counsel and Mr V.A. Sugdare i/b Ms Janhvi Durve for Petitioner. Mr D.A. Nalawade, GP for Respondent Nos.1, 4 and 5. Mr A.Y. Sakhare, Sr. Counsel with Ms Priti Purandare for Respondent Nos.2, 3 and 6. Mr E.P. Bharucha, Sr. Counsel i/b Ms Reena Salunke for Respondent No.7. Mr J. Reis i/b Mr M.A. Narvekar for Respondent No.8. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 20TH APRIL 2011. 2 WP1594/08 P.C. :- 1] By this petition, the petitioner seeks an order which restrains the respondent No.3 from running hotel on the third floor of the building where admittedly now the respondent No.3 has constructed mezzanine floor which is unauthorised. For the regularization of that mezzanine floor, application was made to the Municipal Commissioner which has been rejected by the Municipal Commissioner, the State Government has set aside that order but by our order passed in writ petition No.1511 of 2010, we have restored the order of the Municipal Commissioner. Therefore, the mezzanine floor on the third floor is unauthorised. Admittedly, the license granted by the Commissioner of Police for running a hotel on the third floor is no more in existence. The respondent Nos.7 and 8 have applied for renewal of the license. We are doubtful whether the Commissioner of Police can grant a license for running a hotel on third floor of the building which is having unauthorised 3 WP1594/08 mezzanine floor. In any case, we need not decide that aspect of the matter now. The interest of justice would be served by directing the respondent Nos.2 and 3, before whom application made by the respondent Nos.7 and 8 for renewal of license is pending not to make an order renewing license without issuing notice to the petitioner granting an opportunity of being heard to the petitioner. Petition is disposed off. Mr A.Y. Sakhare, learned counsel appearing for Corporation stats that the license granted by the Corporation for running lodging and eating house on the third floor of the building has been revoked by the Corporation by order dated 19th March 2009. The statement is accepted. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. 4 WP1594/08 Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )