Pradip Digambar Ekhe v. The Commissioner Municipal Corporation And Others

2024:BHC-AUG:12042-DB *1* 28wp5999o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 WRIT PETITION NO. 5999 OF 2024 PRADIP DIGAMBAR EKHE

VERSUS

THE COMMISSIONER MUNICIPAL CORPORATION AND OTHERS ...

Shri B.G. Parnerkar, Advocate for the Petitioner. Shri K.N. Lokhande, Advocate for Respondent Nos.1 to 4. ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 24th June, 2024 Per Court :- 1.

We requested the learned Advocate Shri Lokhande to assist the Court on behalf of the Respondent/ Ahmednagar Municipal Corporation. He has fairly taken instructions and he submits that there seems to be a dispute with regard to the indication of 'Nala' in the measurement report of the Petitioner's land. The notice dated 15.11.2022 issued by the Petitioner, could be dealt with as a representation. The Petitioner is agreeable. 2.

In view of the above, let the notice dated 15.11.2022 addressed to the Municipal Commissioner, be treated as a

*2* 28wp5999o24 representation of the Petitioner. The Municipal Corporation shall follow the due procedure laid down in law and after giving an opportunity of hearing to the Petitioner and the stakeholders, if provided under the rules, a decision would be arrived at on the representation, within 30 days from today.

3.

Until such decision, coercive steps against the Petitioner shall not be initiated. So also, the Petitioner shall not obstruct the rain water flowing from the 'Nala/ Odha'. 4.

With the above directions, this Writ Petition is disposed off.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)