NILAM v. The State Of Maharashtra & Anr.

Mr.Mahesh Kukreja a/w Mr.Salman Haidar Khan and Mr.Shivam Singh, for the Applicant. Mr.M.G. Patil, APP for Respondent-State. Mr.Anoop Patil a/w Mr.P.P. Chavhan i/b Ms.Komal Punjabi, for the Respondent-BMC. Mr.Jagannath Gavhane, AE-DP-R-II. Mr.Rahul Ishi, SE-BD-R-5. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 28th APRIL 2026 P.C. : . Heard learned counsel for the Applicant, learned APP and learned counsel for Respondent No.2-Corporation.

2. The learned counsel for Respondent No.2-Corporation tendered copy of the instructions. It is taken on record.

3. The learned counsel for Respondent No.2-Corporation further submitted that the Respondent No.2 has decided to withdraw impugned notice issued to the Applicants under Section 353A of the Mumbai Municipal Corporation Act, 1888 (‘MMC Act’ for short) and Applications will be filed in that regard before the learned Metropolitan Magistrate and requested to pass appropriate order. 3-APL-1659-2019 (CR).doc N.S.Kamble

4. The learned counsel for the Applicant, on submission of the learned counsel for Respondent No.2 submits that, the Applications be disposed of accordingly since it have become infructuous as the Corporation is going to withdraw the notice on which impugned order has been passed.

5. Considering the submissions of both learned counsel, the challenge in these Applications is to the issue process order passed by the learned Metropolitan Magistrate under Section 471 of the MMC Act. As Respondent No.2 is going to withdraw the said notices, nothing survives in these Applications and I pass following order. ORDER (i) The Applications are disposed of as infructuous. (ii) All pending Applications are disposed of. (SHIVKUMAR DIGE, J.)