Maulana Md. Usman Education And Social Welfare Soc. Thru Chairman v. Malegaon Municipal Education Thru The Commissioner And ORS

1 24-wp 10922-18.doc psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10922 OF 2018 Maulana Md. Usman Education and Social Welfare Society

...Petitioner

Vs.

Malegaon Municipal Corporation & Ors.

...Respondents

----- Mr.N.R. Bubna for Petitioner.

Ms.Nisha Mehta, AGP for State.

----- CORAM : NARESH H. PATIL, ACTING C.J. AND G.S. KULKARNI, J.

DATE : 1st OCTOBER 2018 P.C.:

The petitioner is aggrieved by the communication dated 9th August 2017 made by the Police Inspector Mr.V.D. Sase, which is titled as 'order'. The communication has been made by City Engineer, Malegaon Municipal Corporation to the Police Inspector, Azad Nagar Police Station, on 24th August 2017.

2.

The learned Counsel appearing for the petitioner submits that the police Inspector has no jurisdiction to interfere into such issues due to which the construction has been stayed. The communication has also been made by the Inspector to the Executive Engineer.

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The petitioner is entitled to bring this notice to the higher officer in the police department or may adopt alternate remedy as permissible under law.

4.

The learned AGP to communicate this order to the concerned Inspector.

5.

The writ petition stands disposed of accordingly. G.S. KULKARNI, J.

ACTING CHIEF JUSTICE