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Bombay High CourtWP/1557/2022disposed off

Rashtriya Vidya Niketan Society, Thr. Its Secretary-Anandkumar Radhakrishnaji Shukla v. Akola Municipal Corporatio, Thr. Its Commissioner, Akola

2024-01-09Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp1557.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 1557 OF 2022 ( Rashtriya Vidya Niketan, Society ..vs.. Akola Municipal Corporation, Akola 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. J.B. Gandhi, Counsel for the petitioner, Mr. H. Marathe, AGP for respondent Nos.3 and 4. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 09-01-2024 Heard. Leave to amend the petition in terms of the prayer clause in the Civil Application which is tendered during the course of hearing.

2.

Amendment to be carried out within a period of one week from today.

3.

The prayer of the petitioner-society/trust registered under the Societies Registration Act and Maharashtra Public Trusts Act is for removal of encroachment/illegal structure by the respondent planning authority i.e. Corporation.

4.

We are informed that the petitioner has already approached the respondent-Collector, Akola and Municipal Corporation, Akola vide representation, copy of which is produced on record. Mr. J.B. Gandhi, learned Counsel appearing for the petitioner, in response to

2 wp1557.22 Court's query informs that the respondents till this date has not acted on the representation of the petitioner. 5.

In view of above, we deem it appropriate to dispose of the petition by issuing direction to the respondent Nos.1 and 2 to treat this petition of the petitioner as representation and take a decision within a period of eight weeks from the date of communication of this order.

6.

The petition stands disposed of.

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