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Bombay High CourtWP/4191/2024disposed off

Anirudha S/O. Padmkumar Sahu v. Nagpur Municipal Corporation, Nagpur Thr. Its Commissioner And Others

2024-07-30Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:8223-DB 1 921wp4191.2024..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 4191 OF 2024 (Shri Anirudha s/o Padmkumar Sahu Vs. Nagpur Municipal Corporation, Nagpur and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.J. Vairagade, Advocate for petitioner.

CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI, JJ.

DATED : 30 -0 7 -2024 Heard.

2.

The contention of the petitioner is that he being the owner of the property, he may be blamed for collapse of dilapidated structure, which is part of the notices issued by the planning authority.

3.

Mr. Vairagade, the learned Counsel for the petitioner would urge that the petitioner, in case, would not get the building demolished, there is every likelihood of accident being occurred and in such an eventuality, this Court must direct the Corporation to demolish the dilapidated structure in relation to which the notices are already issued.

4.

Having perused the documents on record, there appears to be tenancy interest in the property in question as the Municipal Corporation has requested the petitioner to settle the same.

2 921wp4191.2024..odt 5.

Mr. Vairagade submits that after notices were issued, two matters are already sub judice before the Civil Court.

6.

In this background, we are of the view that this Court cannot cause interference at this stage of the proceedings. However, we permit the petitioner to pursue the issue with the Corporation.

7.

Petition stands disposed of in above terms.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Belkhede