JUDGMENT

Ranjit More, J. - Rule. Rule returnable forthwith. Heard by consent of parties.

2. By the present Writ Petition, the petitioner seeks a Writ of Certiorari for calling the record and proceedings from the office of Respondent Nos.2 and 3 and thereafter for quashing and setting aside the development permission/commencement certificate dated 11.08.2017 granted in favour of respondent No.4. By way of interim order, the implementation of the said permission is sought to be stayed. On 03.10.2018 notice was came to be issued to respondents and by way of adinterim order the construction made by the respondent No.4 was made subject to outcome of the petition.

3. We have heard the learned counsel Shri.S.M. Oak along with Shri.S.A. Joshi appearing for the petitioner. The petitioner claim to be a legal heir of one Shri.Janya Rama Vad and claims that he was cultivating the land bearing Survey No.114/4 and 115/2 situated at Village Kolshet, Sector 5, Ghodbunder Road, Thane in the capacity as a tenant. It is the contention of the petitioner that Janya Vad was residing in the structure erected on the said land and his name was mutated as "protected tenant" in the Record of Rights on 31.01.1