Shrivardhan Associates, Through Partner, Bhakti Chetan Batavia v. The Municipal Corporation Of City Of Nashik, Through Municipal Commissioner And ANR

wp12044 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.12044 OF 2013 WITH CIVIL APPLICATION NO.1043 OF 2015 Shrivardhan Associates

...Petitioner

vs.

The Municipal Corporation of City of Nashik & Ors.

...Respondents

Mr.Drupad S. Patil for the Petitioner Mr.A.A.Garge for the applicant in C.A.

Mr.Shekhar Jagtap a/w Mr.Akshay Kapadia i/b J. Shekhar & Co. for the respondent No.1 Mr.V.B.Thadani, AGP for respondent No.2 CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : FEBRUARY 11, 2016 P.C.:

Heard the learned counsel for the petitioner, the learned counsel for the Nashik Municipal Corporation and the learned counsel for the applicant in Civil Application No.1043 of 2015. Admittedly, the representations made by the petitioners dated 15th May 2012 (Exhibit-D to the petition) and 7th January 2013 (Exhibit E to the petition) have not been decided by the Nashik Municipal Corporation.

Hence, we dispose of the Writ petition by passing the following order:

wp12044 (I) We direct the appropriate Officer of the Nashik Municipal Corporation to decide both the representations as expeditiously as possible and in any event within a period of three months from today;

(II) The concerned Officer of the Nashik Municipal Corporation shall allow the petitioner to file documents. The concerned Officer shall also permit the applicant in Civil Application No.1043 of 2015 to file documents. Both of them shall be given an opportunity of being heard before passing the order;

(III) Writ Petition is disposed of on above terms;

(IV) All contentions of the parties on merits are kept open;

(V) Remedies of the parties against the order which may be passed by the Nashik Municipal Corporation on the representations are also kept open.

(C.V.BHADANG,J.) (A.S.OKA,J.)