Jitendra Pandurang Patil v. The Cllector Nandurbar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 WRIT PETITION NO.11970 OF 2018 JITENDRA PANDURANG PATIL

VERSUS

THE CLLECTOR NANDURBAR AND OTHERS ...

Advocate for Petitioners :Mr. Pawar Rahul S.

AGP for Respondent State: Mr. K. B. Jadhavar Advocate for Respondent No.2 : Mr. D. S. Bagul Advocate for Respondent No.3 : Mr. Deepak Choudhari h/for Mr. J. R. Shah

CORAM

: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 14th February, 2019 PER COURT :

1.

We have heard learned Advocates for the parties.

2.

Petitioner seeks removal of unauthorized construction made by Respondent No.3 by virtue of which the temple area, according to the petitioner, is closed. It is submitted that the Municipal Council, Nandurbar also issued notice dated 04.08.2018 to Respondent No.3.

3.

Mr. Choudhari, learned Advocate for respondent No.3 submits that the respondent will 1/2

institute a civil suit against the Municipal Council. In case no prohibitory order is passed by the Civil Court or any other competent authority, then the respondent Municipal Council can proceed further pursuant to its notice dated 04.08.2018 in accordance with law.

4.

In light of above, writ petition is disposed of. No costs.

(A. M.DHAVALE,J.) (S.V.GANGAPURWALA, J.) JPC 2/2