Vijaykumar Devraj Mehta v. Pune Municipal Corporation And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2736 OF 2017 Vijaykumar Devraj Mehta ...

Petitioner Vs.

Pune Municipal Corporation, Pune & Ors.

...

Respondents Mr. V.A. Sugdare for the Petitioner.

Mr. Vijay Killedar for Respondent No.7-Society. CORAM : NARESH H. PATIL & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 10 TH APRIL 2017.

P.C. :

1.

Heard learned counsels for both the parties.

2.

The Petitioner had filed a Suit regarding the subject property. It is submitted that, the status-quo order has been passed by the Hon'ble Supreme Court on 18th October 1997. A reference is made to the notice dated 13th December 2016 issued by the Building Construction Department of Respondent No.1-Municipal Corporation. The grievance of the Petitioner is that, he was called by the Building Construction Department of the Respondent-Municipal Corporation to remain present in the office of the Respondent-Municipal Corporation on 3rd January 2017.

WP-2736-17.doc

3.

The Petitioner is entitled to intimate the Respondent-Municipal Corporation in respect of the civil proceedings in case such proceedings are pending. In the facts, we find that Petitioner has alternate remedy. The Petitioner may resort to such remedy as permissible in law.

4.

Without expressing any opinion, the Petition is disposed of. 5.

All issues on merits are kept open.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [NARESH H. PATIL, J.] WP-2736-17.doc