Bombay High Court

GANNON NORTON ENGINEERING PVT LTDversusEXECUTIVE ENGINEER (BUILDING PROPOSAL) E.S.-1 MUMBAI

Decided: 18 September 2026
Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as withdrawn.

Summary

Gannon Norton Engineering Pvt. Ltd. filed a writ petition challenging a notice issued by the Executive Engineer (Building Proposal) and other municipal authorities. The petitioner’s counsel argued that the notice had already been complied with, leaving no cause of action, and requested dismissal of the petition as not pressed. The respondents raised no objection to the petitioner's submission. The court took note of a notesheet issued by the Brihanmumbai Municipal Corporation on 26 August 2026. Accordingly, the court dismissed the writ petition on the ground that it had been withdrawn.

Issues considered

What is the appropriate disposition of a writ petition when the petitioner claims compliance with the impugned notice and asserts that no cause of action remains?

Subjects

writ petition
withdrawal
compliance
municipal corporation
building proposal
cause of action

Judgment

                                                                              (902)-WP-4992-25.doc

      PANCHAL

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
                                      WRIT PETITION NO. 4992 OF 2025
          2026.09.21
          10:51:57
          +0530


                       Gannon Norton Engineering Pvt. Ltd.               ...Petitioner
                             Versus
                       Executive Engineer (Building Proposal)
                       E. S.-1 Mumbai & Ors.                             ...Respondents
                                                        ...
                       Mr. Steve Pulikkoden a/w Mr. Noor Jehan Sheikh & Ms. Nidhi
                       Jain, for the Petitioner.
                       Ms. Shweta Patankar, for Respondent Nos.1, 2 & 4 – BMC.
                       Ms. Jaya Bagwe, for the Respondent No.3-MPCB.
                       Smt. Usha Rahi, AGP for the Respondent No.5 – State.
                       Mr. Ashok Jadhav, Jr. Engineer ( B & F) Dept., M/East Ward –
                       present.
                                                        ...

                                      CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                              ADVAIT M. SETHNA, J.

                                        DATE : 18th SEPTEMBER, 2026.


                       P.C.:
                       1.           Learned   Counsel    for   the   Petitioner,    on      the
                       instructions, submits that the impugned notice is already
                       complied with and no cause of action survives. He further
                       submits that the instant Petition be disposed of as not
                       pressed.



                       2.           Learned Counsel for the Respondents have no
                       objection.




                                                         1
                                                       (902)-WP-4992-25.doc


3.        Notesheet    issued   by      Brihanmumbai      Municipal
Corporation on 26th August, 2026 is taken on record and
marked as ‘X’ for identification.



4.        The Writ Petition is accordingly dismissed as
withdrawn.




[ADVAIT M. SETHNA, J.]                        [CHIEF JUSTICE]




                                    2

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