Aruna W/O Rambhau Rathkanthiwar v. Municipal Council, Kamptee, Nagpur Through Chief Officer And Another

2023:BHC-NAG:17153-DB 9 wp 634.22.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 2022 Aruna w/o Rambhau Rathkanthiwar .Vs.

Municipal Council, Kamptee through its Chief Officer and another _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Tejas S. Deshpande, Advocate for petitioner. CORAM :

SMT. ANUJA PRABHUDESSAI AND MRS. VRUSHALI V. JOSHI, J.

J.

DATE :

DECEMBER 13, 2023.

Petitioner has sought direction against respondent No.1 to take action against respondent No.2 as per order dated 18.01.2021.

2.

Respondent No.2 has already filed a suit (RCS No.145/2022) before Civil Judge, Junior Division, Kamptee seeking declaration that notice dated 18.01.2021 is illegal, null and void.

3.

Learned Judge by his order dated 14.12.2022 granted ad-interim relief and restrained the Municipal Council from demolishing the construction. Since the legality of the order, in respect of which directions are sought, is pending before Civil Court, we do not wish to entertain this petition. 4.

Writ Petition stands dismissed.

(VRUSHALI V. JOSHI, J.) (ANUJA PRABHUDESSAI, J.) manisha