JUDGMENT

1. By this writ petition, the petitioners have challenged notices dtd. 10/10/2018 and 22/11/2018, issued by respondent No.2 concerning a structure occupied by the petitioners. The petitioners have also challenged orders passed by two Courts below holding that appeal challenging the aforesaid notices was not maintainable under the provisions of the Maharashtra Municipal Corporations Act, 1949 (for short "Act of 1949 ").

2. Mr. Deshpande, learned counsel appearing for the petitioners, submitted that perusal of the notice dtd. 22/11/2018, issued by respondent No.2 would show that it was clearly a notice under sec. 300 of the Act of 1949 for the reason that under the aforesaid provision, it would be the Commissioner or an Authorized Officer delegated by the said Commissioner, who could issue such a notice for demolition of the structure in question. It was contended that under sec. 264 of the Act of 1949, a designated officer could only ask the owner or the occupier of such a structure, which was found to be in a ruinous condition or dangerous to any person occupying the same, to remove or repair such a structure. On this basis, it was submitted that the appeal filed under sec.