D. D. SINHA, J. :- Rulemadereturnable forthwith by consent of the parties. Heard learned counsel for the parties.

2. Dr. Sanjay G. Khemuka, Petitioner in Writ Petition No. 4278 of 2003, has filed the present writ petition challenging the Notice, dated 3rd October, 2003, issued by Respondent No. 3-Sub-Divisional Officer, requiring the Petitioner to stop the alleged unauthorized user of Apartment No. 005-A of Vinayak Apartments, Dhantoli, Nagpur, by discontinuing the X-ray Clinic.

3. Mr. Deshpande, the learned Senior Counsel, states that Dr. Sanjay has purchased the above mentioned apartment in the year 1989. The Development Engineer of Respondent No. 2-Corporation, by a communication, dated 12th December, 1989, granted consent certificate to the Petitioner to start X-ray Clinic in the above mentioned apartment. The petitioner, pursuant to the above consent certificate started the X-ray Clinic in the apartment in the year 1989 and since then till this date, Dr. Sanjay is running the said X-ray Clinic. Mr. Deshpande, the learned Senior Counsel, states that writ petition No. 1119 of 1996 as well as Writ Petition No. 1909 of 1997 were filed before this Court by Mr. Vinayak Wasude