A division bench of Justices R M Savant and Sadhana Jadhav was hearing a PIL filed by activist Pravin Wategaonkar alleging that Patil had stayed the demolition of a illegal structure at Chinese restaurant 'Wok Express' at Bandra-Kurla Complex even though there existed no provision in the Maharashtra Regional Town Planning Act for granting such a relief.
The High Court had last month directed Wategaonkar to implead Patil in the matter.
"We direct the minister and other respondents - state Chief Secretary, Director General of Police (Anti-Corruption Bureau) to file their affidavit by August 7," the bench said.
The PIL alleges that the stay was granted because the eatery is managed by the kin of a principal secretary in the Maharashtra government.
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As per the plea, MMRDA had leased the space in BKC to the company Spice and Grains, which runs the eatery, for a food court.
The development authority, however, found that the company had carried out unauthorised construction and in May last year it issued a demolition notice.
The petitioner has sought the High Court's direction to the state government to disclose as to why the stay order was issued by the minister.