Akhilesh S/O Mohan Singh Thakur v. Mr. Sharwan Hardikar, Commissioner, Nagpur Municipal Corporation, Nagpur And Another

Order 1207cp57.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 57/2017 IN PUBLIC INTEREST LITIGATION NO. 65/2012.

Akhilesh Mohansingh Thakur, Nagpur.

-VERSUSMr. Shrawan Hardikar, Commissioner, NMC, Nagpur. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI AND ROHIT B. DEO, JJ.

DATE : JULY 12, 2017.

Heard Shri S.P. Bhandarkar, learned Counsel for the petitioner and Shri S.M. Puranik, learned Counsel for respondent.

2.

Effort of Shri Bhandarkar, learned counsel for petitioner is to demonstrate that the alleged Pillar and Staircase allegedly supported by it being encroachment, ought to have been removed and its non-removal constitute contempt of this Court. 3.

Shri Puranik, learned counsel disputes this.

He submits that column in dispute supports the superstructure.

Order 1207cp57.17 4.

In view of this disputed position, to find out why the structure which could not be removed and find mention in paragraph nos. 6 and 7 of the affidavit dated 24.03.2017, we grant petitioner leave to make appropriate representation to present incumbent holding the post of of Municipal Commissioner. If such representation is made within a period of two weeks, it shall be decided as per law in next four weeks.

5.

In view of these orders, we dispose of the present Contempt Petition. No costs.

JUDGE JUDGE Rgd.