(S.C. Dharmadhikari, J.)

1. In this writ petition under Article 226 of the Constitution of India, the Petitioner has challenged a notice issued by the Respondent–Municipal Corporation of Greater Mumbai by invoking Section 354 A of the Mumbai Municipal Corporation Act, 1888. It is stated that the Respondent No.1–Municipal Corporation has issued this notice dated 1st August 2013 in relation to a structure, more particularly described in para 1 of this Petition. The Petitioner submits that the notice issued under Section 354 A alleges that the Petitioner has carried out unauthorized construction of a structure in open space by using I-Section, bricks masonry wall admeasuring 16' x 16' x 8'. This allegation is denied and it is submitted that the structure has been in existence for number of years. The notice was replied and the Petitioner has then stated that the Petitioner had no opportunity to satisfy the Municipal Corporation that the notice was bad in law as on 5th August 2013 the Officer of Respondent No.1 came to the premises and damaged the first floor of the structure. Therefore, a suit was filed being L.C. Suit No.2426 of 2013 in the City Civil Court, Dindoshi, Mumbai