Mohd Mansoor Mohdatique Ansari v. Bhiwandi Nizampur City Municipal Corporation Thr. Its Commissionerand ORS

42-WP-4565-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4565 OF 2022 Mohd. Mansoor Mohd. Atique Ansari .Petitioner Vs.

Bhiwandi Nizampur City Municipal Corporation & Ors.

.Respondents ------------ Mr. Shashank Shubham i/b. Mr. Siddarth S. Ingle a/w. Ms. Karishma M. Ansari for the Petitioner.

Mr. Dilip Bodake for Respondent Nos. 1 & 2.

------------

CORAM

:

A. S. CHANDURKAR AND M. W. CHANDWANI, JJ.

DATE :

06 FEBRUARY 2023 P. C.

.

By this Writ Petition, the Petitioner has sought to raise challenge to the notices dated 15th February, 2021 and 15th April, 2021, that have been issued by Respondent No.1Municipal Corporation. 2.

According to the Petitioner, the building in question having been categorized under C2A category, it was expected that the owner would undertake structural repairs along with Digitally signed by GANESH SUBHASH LOKHANDE Date:

2023.02.07 17:48:04 +0530 necessary precautions. However, disregarding the same, the GANESH SUBHASH LOKHANDE aforesaid notices were issued.

Ganesh Lokhande

42-WP-4565-2022.doc 3.

In the affidavit-in-reply filed by Respondent No.1, it has been stated that on 24th February, 2021, the building in question has been demolished after obtaining police protection. In view of this development, we find that the prayers have made in this Writ Petition of challenging the notices dated 15th February, 2021 and 15th April, 2021, now do not survive. The Petitioner is at liberty to take such steps as are permissible in law to seek redressal of his grievance, especially, in the light of the assertion that the building was categorized as C2A. The points in that regard are kept open.

4.

This Writ Petition is disposed of. No costs ( M. W. CHANDWANI, J. ) ( A. S. CHANDURKAR, J. ) Ganesh Lokhande