PATHAN SHAHRUKH NISARBHAI Vs. COMMISSIONER

JUDGEMENT

(1.) Mr.Pratik Jasani, learned advocate for Mr.Kuntal Joshi, learned advocate for the petitioners seeks permission to withdraw the captioned writ petition.

(2.) Mr.Deep Vyas, learned advocate has raised the concern that the present writ petition was nothing but, only with a view to seeing that the petitioners carrying on the construction. By inviting attention of this Court to the affidavit, more particularly, paragraph 5, it is submitted that the petition suffers from vice of suppression of material fact. Moreover, despite the building was sealed, the petitioner had an audacity to de-seal the premises and the construction had been put up. It is also submitted that the petitioner has acted in a high handed manner and in violation of the statutory proceedings at all stages. Paragraph 7 of the affidavit reads thus:-

(3.) It is submitted that the petition is bereft of any relevant details and the petitioners, taking advantage of the captioned proceedings, have put up the construction and have created multiple third party use. It is therefore, urged that the Corporation may not have any objection but, considering the conduct on the part of the petitioners, the petition may be directed to be withdrawn with an exemplary cost.