1. By way of this petition under Article 226 of the Constitution of India, the petitioner, who claims to be the neighbour of respondent No. 3, has inter-alia prayed for the following reliefs.
"A.
This honourable Court may be pleased to admit this petition.
B.
This hounourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent no.1 and 2 to demolish the illegal construction made by the respondent No.3 herein and further be pleased to hold that the inaction on that part of the respondent-authority is bad in law in not taking any appropriate action timely.
C.
Pending admission, hearing and final disposal of this petition, this Honourable Court be pleased to grant interim relief, directing the respondent No.3 to stop the construction activity.
D.
Your Lordships may be pleased to pass such other and further reliefs as deemed just and proper in the facts and circumstances of the case".
2. In response to the notice issued by this Court, respondent No.1-Corporation appeared through learned counsel Mr. D.G. Nanavati, and filed an affidavit-in-reply which indicates that the actions are taken by the Corporation.
3. Considering the contents of Para Nos. 4,6,7,8,10 and 12 of the aforesaid affidavit, it appears that the respondent-Municipal Corporation has issued notice dated 29.04.2012 as contemplated under Section 267 of the Bombay Provincial Municipal Corporation Act, 1949(hereinafter referred to as the 'Act' for the sake of brevity).
4. It appears that the corporation has thereafter, issued a show cause notice as contemplated under Section 260(1) of the Act and after giving an opportunity of being heard to respondent No.3, passed order and issued notice as contemplated under Section 260(2) of the Act.
5. It further appears that the aforesaid notices issued and action taken by Municipal Corporation are challenged by respondent No.3 herein by way of filing the Civil Suit bearing Civil Suit No. 1152 of 2011 before the City Civil Court, Ahmedabad.
6. It is also pointed out by Mr. Nanavati, learned counsel for the respondent-Corporation, that the aforesaid suits are pending.
7. In view of the above, and as the actions are already taken, the petition does not survive and the same is disposed of accordingly. Notice is discharged. No order as to costs.
8. It is expected that the Corporation shall implement its own orders noted above subject to any/or orders that are passed in pending Civil Suit.
(R.M.CHHAYA,J,) Brajesh Top