Ashok S/O Bhikchand Pinjani (Pursani) v. Amravati Muncipal Corporation, Amravati Thr. Its Commissioner

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION No. 3353/2017.

Ashok Bhikchand Pinjani, Amravati VERSUSAmravati Municipal Corporation, Amravati. WITH. WRIT PETITION No. 3408/2017.

Shyam Ramchand Punjani, Amravati VERSUSAmravati Municipal Corporation, Amravati.WITH. WRIT PETITION No. 3410/2017.

Prakash Shyamlal Mirani, Amravati and others. VERSUSAmravati Municipal Corporation, Amravati. WITH. WRIT PETITION No. 3407/2017.

Manojkumar Nandlal Krishna Chandani, Amravati and another. VERSUSAmravati Municipal Corporation, Amravati and another. 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 & A.S. CHANDURKAR, J J.

DATE : JUNE 05, 2017.

Heard Shri R.M. Bhangde, learned counsel for petitioners in Writ Petition No. 3407/2017 and Shri P.V. Navlani, learned Counsel for other petitioners. Shri J.B. Kasat, learned counsel appears for respondent Amravati Municipal Corporation in all matters.

2.

It is not in dispute that the controversy is covered by orders of this Court dated 26.05.2017. 3.

After hearing respective counsel we find that against occupants of Priyadarshini and Khatri Market, on two different dates coercive action has been taken by the respondent Corporation. Locks have been placed on their respective shop blocks without any notice and opportunity to them. The controversy came up before this Court in Writ Petition Nos. 3111 and 3114 of 2017 and a Writ Petition filed by Prakash Ghemnani and others. The learned Vacation Judge after considering the matters has passed order and permitted Municipal Corporation to proceed against the occupants as per law. However, the Corporation has been directed to open the shops and to permit the respective occupants to occupy it within 24 hours. 4.

Learned counsel appearing for respondent Corporation upon instructions states that the said directions dated 26.05.2017 issued during vacation have been complied with.

5.

The orders dated 26.05.2017 pertains to Priyadarshini complex. In present matters also locks have been put in identical manner without any

opportunity to respective petitioners. We therefore, follow the course adopted by us on 26.05.2017. Accordingly we direct the respondent Municipal Corporation to restore possession of the petitioners within 24 hours. We grant liberty to respondent to proceed against them as per law. Needless to mention that all rival contentions of parties are left open. Writ Petitions are disposed of. No cost.

6.

Copy of this order be furnished to learned counsel for the parties to act upon.

JUDGE JUDGE.

Rgd.