Manish Manohar Sarda v. Nagpur Municipal Corporation, Thr. Divisional Commissioner, Nagpur And Another

2024:BHC-NAG:12194-DB 1 23) WP 6879-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6879 OF 2023 MANISH MANOHAR SARDA ...Vs...

NAGPUR MUNICIPAL CORPORATION, THR. DIVISIONAL COMMISSIONER, NAGPUR AND ANR. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri S.I.Ghatte, Advocate for petitioner.

Shri G.A.Kunte, Advocate for respondent no. 1. Shri P.S.Thakur, Advocate for respondent no. 2. CORAM: AVINASH G. GHAROTE AND SMT. M.S.JAWALKAR, JJ.

DATED : 24th OCTOBER, 2024.

The petition seeks a direction for implementation of the notice dated 12/06/2020 issued by respondent no. 1, which is addressed to respondent no. 2 for demolishing the structure of House No. 214 situated at Sitabuldi, on the ground of dilapidated condition. However, what is material to note, is that the occupant of the House had approached to the Civil Court, in which, the application below Exh. 5 was rejected by an order dated 18/01/2021, against which, an appeal was filed by some of the tenants. The learned District Judge, Nagpur, by its order dated 22/02/2021 has directed to maintain the status quo during pendency of the appeal.

2 23) WP 6879-2023.odt 2.

Mr. Kunte, learned counsel for respondent no. 1 submits, that the respondent no. 1 is not averse for implementing the notice dated 12/6/2020, but for the direction of the status quo. In view of this, the petition stands disposed of by directing the petitioner to approach the learned Appellate Court and get the appeal decided.

(SMT. M.S.JAWALKAR, J.) (AVINASH G. GHAROTE, J.) B.T.Khapekar