Faseeha Begum Md. Baduzzama Khan v. Aurangabad Municipal Corporation, Aurangabad

(1) 940-wp-9052-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9052 OF 2014 FASEEHA BEGUM MD. BADUZZAMA KHAN ..PETITIONER

VERSUS

AURANGABAD MUNICIPAL CORPORATION, AURANGABAD ..RESPONDENT ...

Mr. M. B. W. Khan, Advocate for the Petitioner. Mr. S. S. Tope h/f Mr. D. N. Bankar Patil, Advocate for sole Respondent.

...

CORAM : S. V. GANGAPURWALA, J.

DATED : 14th JANUARY, 2022.

PER COURT:- 1.

When the matter was called out yesterday, none appeared for the petitioner. The matter was adjourned and kept today.

2.

Today also, when the matter is called out, none appears for the petitioner.

3.

Mr. Tope, learned counsel appears for respondent.

4.

The present petition is filed against the order passed by the Trial Court below Exhibit-31 thereby directing to decide issue of jurisdiction as preliminary issue.

5.

According to the respondent, the issue of jurisdiction is required to be dealt with as

(2) 940-wp-9052-2014 preliminary issue. The Civil Court inherently lacks jurisdiction as per the provisions of the Maharashtra Provincial Municipal Corporation Act. 6.

The Court has not decided any issue under the impugned order. It has only directed the issue of jurisdiction to be decided as preliminary issue. 7.

As none appears for petitioner, the petition is dismissed for non-prosecution. No costs.

(S. V. GANGAPURWALA) JUDGE Devendra/January-2022