Anjuman Islam,Public Trust,Darwa v. Municipal Council,Darwha And 2 Others

13.06.3584.00

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3584 /2000 (Anjum Islam, a Public Trust, Yeotmal vs. Municipal Council, Darwah & 2 others ) ...........................

............................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Shri P.A. Gode, Advocate for the petitioner C ORAM : R.K.DESHPANDE & MRS.SWAPNA JOSHI, JJ.

D ATED : 13th June, 2017.

The petitioner seeks enforcement of notice dated 12.10.1999 issued by the Municipal Council, Darwah asking the respondent no.2 to remove the unauthorised construction on the property which is owned by the petitioner. If the Municipal Council is not proceeding to act upon the said notice, it is open for the petitioner to file a suit claiming ownership and possession over the suit property with an order of mandatory injunction for removal of construction of the respondent nos.2 and 3. We do not find any reason to interfere. It is always open for the petitioner to file a suit and claim such a relief in accordance with law.

The Writ Petition is dismissed.

JUDGE JUDGE sahare