Sadashiv Shantaram Deogaonkar v. Ahmednagar Municipal Corporation Through Its Commission And Anotherer

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6288 OF 2022 SADASHIV SHANTARAM DEOGAONKAR

VERSUS

AHMEDNAGAR MUNICIPAL CORPORATION THROUGH ITS COMMISSION AND ANOTHER Mr.A.A.Yadkikar, Advocate for the petitioner. Mr.S.P.Tiwari, AGP for respondent No.2.

Mr.K.N.Lokhande, Advocate for respondent No.1. ( CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.) DATE : JUNE 24, 2022 PER COURT :

1.

The petitioner claims that a crematorium adjacent to his land is operated unauthorizedly and therefore alleges an encroachment and he prays that the Corporation should remove the encroachment. 2.

The record reveals that the petitioner has not made a specific representation to the Corporation, save and except, a cryptic application dated 12.01.2012, contents of which are also not to the satisfaction of the learned Advocate for the petitioner and would prepare an exhaustive, comprehensive representation making of the case khs/June 2022/6288

- 2 - that the crematorium is an encroachment and an unauthorized usage of a particular parcel of a land.

3.

In view of the above, this petition is disposed off with liberty to the petitioner to put forth a comprehensive representation, on or before 15.07.2022.

4.

Needless to state, the Municipal Corporation would consider the said representation and after perusing it's record, take a clear stand and respond to the same with a reasoned reply so as to let the petitioner knows as to what the Corporation intends to do or what is contemplated by the Corporation. Such response shall be served upon the petitioner on or before 20.08.2022.

( ANIL L. PANSARE, J. ) ( RAVINDRA V. GHUGE, J.) khs/June 2022/6288