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Bombay High CourtCAO/82/2018disposedoff

Sou. Meerabai Durgadasji Agrawal And Others v. Municipal Council, Pusad, Through Chief Officer, Pusad, Yeotmal And Others

2018-01-19Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Rohit Baban Deo2 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (o) No. 82/2018 in M.C.A. NO.........../2018 IN PIL NO. 184/2016 (Smt. Meerabai Durgadasji Agrawal and others vs. Municipal Council Pusad and others ) .......................................................................................................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. K.S. Narwade, Adv. for petitioner Ms. A.R. Kulkarni, AGP for respondent no.1 CORAM : B.P. DHARMADHIKARI & ROHIT B. DEO, JJ.

DATED : 19th January, 2018.

1.

Heard.

2.

It is apparent that grievance cannot be looked into in review. Even if it is presumed that land is private land, we have asked Municipal Council, only to follow the provisions of law. The review-applicants are already before Civil Court and they can always place their grievance before that Court and oppose steps taken by Municipal Council.

3.

Effort of review-applicants to urge that public money has been spent on the houses which have come up on this land and that area is known as Bhelwadi. If that be the case and any fraud was played on this Court or then review-applicants have any other grievance, they can definitely make it appropriate jurisdiction, with necessary proof.

4.

Hence, keeping said avenue open and with that liberty to applicants, we dispose of present CAO as well as MCA. JUDGE JUDGE sahare