Mr. Gangadhar Karbhari Karpe And ORS. v. Nashik Municipal Corporation Through Its Commissioner And ORS.

wp-8855.15.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8855 OF 2015 Mr. Gangadhar Karbhari Karpe and Ors.

Petitioners Vs.

Nashik Municipal Corporation and Ors.

Respondents Mr. Sham Walve and Sachin Gorwadkar, for the Petitioners. Mr. R. S. Apte, Senior Counsel i/by Mr. Vaibhav Prakash Patankar, for the Respondent Nos.1 and 2.

Mr. Somnath Devram Wadekar, Assistant Commissioner, (ENC), Nashik Municipal Corporation.

CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

DATE : 2nd SEPTEMBER, 2015 P.C.

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Not on board. Taken on board.

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The challenge in this Petition will have to be confined only to the notices dated 2nd June, 2015 in as much as in respect of the notices dated 22nd May, 2015, the Petitioners have already adopted appropriate proceedings. The learned Senior Counsel appearing for the Nashik Municipal Corporation, on instructions of Shri. Somnath Devram Wadekar, Assistant Commissioner, (ENC), Nashik Municipal Corporation, states that the notices dated 2nd June, 2015 shall be treated as the notices only under Section 81B of the Maharashtra Municipal

wp-8855.15.doc Corporations Act, 1949. He states that orders will be passed in accordance with law under Section 81B. We accept the said statements. 2.

Hence, it is not necessary to entertain the Petition. Orders passed under Section 81B shall be communicated to the Petitioners. The orders shall not be implemented for a period of one week from the date on which the same are communicated to the Petitioners. All contentions on merits are kept open. The Petition is disposed of on above terms. (V.L. ACHLIYA, J ) (A.S. OKA, J )