Mansur Sharif Sheikh Ibrahim v. Nagpur Municipal Corporation Thr. Its Municipal Commissioner, Nagpur And Others

2023:BHC-NAG:16671-DB 1 wp 3859.23 PublIN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.3859/2023 (Mansur Sharif V Nagpur Municipal Corporation and others) (through Video Conferencing) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Rajat Kumar, Advocates for petitioner.

Mr. S.M. Puranik, Advocate for respondent nos. 1 to 3. Mr. S.V. Purohit, Advocate for respondent no. 6. Mrs Mehta, Addl. Government Pleader for respondent nos.4 and 5. CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 01-12-2023.

Mr. Puranik, learned Counsel appearing for the respondent nos. 1-Corporation submits that in view of the orders passed in Public Interest Litigation by this Court, the respondent no.1 under its statutory obligation and duty bound to remove the encroachment as is brought to the notice of this Court so also the Corporation through this petition. 2.

Mr. Puranik, learned Counsel, on instructions, informs that the respondent no.1 through respondent nos. 2 and 3 have already moved the police authorities seeking police assistance for removal of the encroachment as such this Court may pass an appropriate order in the matter. 3.

In view of above, we deem it appropriate to direct the respondent nos. 4 and 5 to provide the Police protection as asked by respondent nos. 1 to 3 so as to enable the said

2 wp 3859.23 respondent to remove the encroachment provided a request to that effect is pending with the respondent nos. 4 and 5. The Police aid shall be provided expeditiously and in any case by 08-01-2024.

4.

Once the encroachment is removed, a compliance report be placed on record by respondent nos. 1 to 3. 5.

The petition stands disposed of.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J. ) Deshmukh