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2022 Supreme(Bom) 1775

R. D. DHANUKA, KAMAL KHATA
Mahesh Daji Salunkhe – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Akshay Kapadia a/w M.R. Sherekar
For the Respondent: Mr. Anoop Patil a/w Ms. Oorja Dhond i/b. Mr. S.K. Sonawane, Mr. Hemant Haryan, Adv

JUDGMENT :

1. Rule. Mr. Patil, the learned counsel for respondent nos.1 to 3 waives service. Learned AGP waives service for respondent nos.4 to 6.

2. Leave to amend is granted to delete respondent no.6 from the cause title of this petition. Amendment to be carried out by 5.00 p.m. tomorrow. Re-verification is dispensed with.

3. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of certiorari for quashing and setting aside the order dated 3rd April, 2017 issued by respondent no.3 revoking the order dated 10th March, 2017.

4. It is not in dispute that there was a permission granted on 10th March, 2017 in favour of the petitioner to carry out reconstruction of the writ structure on certain Terms and Conditions. Before the petitioner could carry out reconstruction, the Municipal Corporation by letter dated 3rd April, 2017 revoked the said permission. In the said letter, it is stated that a fresh hearing will be granted to the petitioner if the petitioner makes a representation to the Municipal Corporation.

5. It is submitted by the learned counsel for the petitioner that neither any show cause notice was given nor any hearing was gran

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