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Bombay High CourtWP/2787/2023disposed off

Roshan S/O Manohar Patil v. Municipal Commissioner, Nagpur Municipal Corporation, Nagpur And Others

2023-10-26Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Abhay J. Mantri1 pages

2023:BHC-NAG:15686-DB 1 44-WP-2787-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2787 OF 2023 (Mr. Roshan s/o Manohar Patil Vs. Municipal Commissioner, Nagpur Municipal Corporation, Nagpur & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Ms Soniya Gajbhiye, Counsel for the petitioner. Shri S.M. Puranik, Counsel for respondent nos. 1 to 3. Shri P.S. Wanjari, Counsel for respondent no.4. Shri Bhagwan Raut, Counsel for respondent no.5. Shri R.S. Nitnaware, Counsel for respondent no.6. CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI , JJ.

ATE : OCTOBER 26 , 2023 By the present Writ Petition, the petitioner seeks initiation of action against the alleged illegal construction stated to be undertaken by respondent nos. 5 and 6. In the reply filed by the Municipal Corporation, it has been stated that on 22/5/2023, a notice has been issued to respondent nos. 5 and 6 calling upon them to furnish details with regard to the construction undertaken by them. It is submitted that this exercise of verification is still under process. 2] In view of the fact that the Municipal Corporation has taken cognizance of the complaint made by the petitioner and has sought clarification from respondent nos. 5 and 6, the purpose of filing the Writ Petition is served. The Municipal Corporation shall consider the documents that would be furnished by respondent nos. 5 and 6 and take further steps in accordance with law. This be done after giving due opportunity to the parties likely to be affected. 3] The Writ Petition is disposed of.

(ABHAY J. MANTRI, J.) (A. S. CHANDURKAR, J.) SUMIT