Shrikant Manohar Khante v. The Additional Commissioner (City), Nagpur Municipal Corporation, Nagpur And ANR.

2025:BHC-NAG:11667-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1081 OF 2025 Shri Shrikant Manohar Khante .Vs.

The Additional Commissioner (City), NMC, Nagpur and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr S. D. Deoras, Advocate for the petitioner Mr S. M. Puranik Advocate for respondent Nos. 1 and 2 Mr S. M. Mate, Advocate for respondent No.3 CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATED : NOVEM BER 10 , 2025 .

The prayer made in the present petition is for removal of the illegal construction alleged to have been carried out by the respondent No.3. It is the case of the petitioner that respondent Nos.1 and 2, despite having knowledge about the illegal construction, failed to take action against the respondent No.3.

2.

Considering the nature of the grievance, we are of the opinion that the purpose would be served, if the respondent Nos.1 and 2 are directed to treat the present petition as the representation of petitioner and if they are further directed to look into the grievance of the petitioner and pass the necessary order and accordingly act upon such order, if the authorities arrive at the

conclusion that there is a substance in the case of the petitioner that the respondent No.3 has made illegal construction. In that case, the respondent No.3 shall remove the illegal construction within stipulated period. 3.

Accordingly, we pass the following order:

ORDER

i.

The writ petition is disposed of with the direction to the respondent Nos.1 and 2 to treat the present petition as representation of the petitioner and take a decision on such representation after hearing the concern parties.

ii.

If the respondent Nos.1 and 2 arrive at a conclusion that respondent No.3 has made illegal construction, the respondent Nos.1 & 2 are directed to take immediate action for removal of such illegal construction, in accordance with law.

iii.

The authority/respondent Nos.1 and 2 are expected to take decision on the representation of the petitioner within a period of 8 weeks from today. iv.

Liberty is granted to the petitioner to approach afresh if any adverse order is passed. v.

The learned counsel for the petitioner undertakes to furnish the copy of the petition alongwith

copy of this order to the respondent Nos.1 and 2 within one week.

The writ petition stands disposed of in the above terms. No order as to costs.

Pending applications, if any, also stand disposed of.

[RAJNISH R. VYAS, J] [ANIL S. KILOR, J.] Namrata