Chandadevi Sharad Jain v. Dhule Municipal Corporation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10407 OF 2019 CHANDADEVI SHARAD JAIN

VERSUS

DHULE MUNICIPAL CORPORATION, DHULE ...

Advocate for the Petitioner : Shri M. R. Wagh Advocate for the Respondent : Shri A. S. Sawant ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 22nd AUGUST, 2019.

...

PER COURT :

1.

The petitioner is once again before this Court. Grievance is against the order dated 08/08/2019, by which, the request of the petitioner for some records, has rejected by the Trial Court.

2.

I have considered the submissions of the learned Advocates for the respective sides and have gone through the grounds formulated in the memo of the petition. 3.

These parties were before this Court earlier in Writ Petition No. 8203/2019. The Court was informed that the

petitioner desired documents pertaining to the hearing that has taken place with reference to the notice dated 09/09/2011 issued to the petitioner. Notice dated 09/09/2011 pertains to a direction to the petitioner to vacate the shop premises within one month. This Court, therefore, entertained the said petition and by order dated 05/07/2019, directed the Dhule Municipal Corporation that they should produce the record pertaining to the hearing pursuant to the notice dated 09/09/2011. It was also specifically recorded that after such documents are produced, this petitioner shall not raise any objection as regards the documents that have been produced. 4.

The petitioner now wants 11 documents which pertain to the meeting proceedings dated 17/10/1986 onwards till 30/10/2011. This application Exhibit 38/1 was filed on 08/08/2019. This aspect was not brought to the notice of this Court when the earlier petition was being considered. 5.

In view of the above, it is obvious that this petitioner has even tried to mislead this Court. This petition filed by such a petitioner, who lacks in bonafides, cannot be entertained and

more so for the reasons recorded in the order dated 05/07/2019 that no further grievance would be raised. This petition is, therefore, dismissed.

6.

The matter is now said to be posted on 05/09/2019. The learned Principal District Judge, Dhule shall proceed with the Civil Appeal No.104/2011 as per procedure and expeditiously and would be justified in refusing adjournments to the litigating sides.

(RAVINDRA V. GHUGE, J.) shp/-