Santosh S/O. Purushottam Bajaj v. The Chief Officer, Municipal Council, Pulgaon And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4189/2015 Santosh s/o Purushottam Bajaj ...Versus...

The Chief Officer, Municipal Council, Pulgaon, Tah. Deoli, Distt. Wardha and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.C.R. Mishra, Advocate for petitioner Shri A.R. Sambre, Advocate for respondent no.1 Shri A.M. Balpande, AGP for respondent no.2 CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : 30.11.2015 By this petition, the petitioner seeks a direction to the Municipal Council to take appropriate action against the illegal construction carried out by Shri Harish Motiram Madan in Pulgaon. It would not be for this Court to consider whether the construction made by Shri Harish Motiram Madan in Ward No.3 in Pulgaon is illegal or not, in exercise of the writ jurisdiction, more so, when the said person is not a party to this writ petition. However, we dispose of the writ petition with a direction to the respondents to take appropriate action against any person making unauthorized construction, as per the complaint of the petitioner, after verifying that the construction is illegal or unauthorized, in accordance with law.

Order accordingly. No order as to costs.

JUDGE JUDGE Wadkar