Maorti S/O Pralhad Ingole v. Chief Officer, Municipal Council, Washim And Others

1 w.p. 6084.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 6084 of 2022 [Maroti s/o Pralhad Ingole ..vs.. Chief Officer, Municipal Council, Washim Tq. and District Washim and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C. A. Joshi, Advocate for the petitioner Mr. A. M. Ghare, Advocate for respondent 1 Mr. K. S. Dhoble, Advocate for respondent 2 Mrs. K. R. Deshpande, AGP for respondent 4 CORAM : ROHIT B. DEO AND M. W. CHANDWANI, J J.

DATED : 7-6We note the presence of Mr. Nilesh Vithalrao Gaikwad, Chief Officer of Washim Municipal Council. 2.

It is fairly stated by learned counsel Mr. Ghare, who appears on behalf of the Municipal Council, Washim that before passing the order impugned of cancellation of the building permission, the petitioner and some other co-owners were not heard.

3.

In this view of the matter and with consent of the parties, we quash the impugned order (Annexure 9) dated 8-6-2022.

2 w.p. 6084.2022.odt 4.

We permit respondent 1 to proceed further in the matter, after issuing notices to all the owners of the subject property and hearing them.

5.

Mr. Ghare submits that it would be difficult to ascertain the postal addresses of all the owners and that Municipal Council, Washim may be permitted to publish the notice of hearing in any prominent daily newspaper which has wide circulation in Washim District. We allow the said prayer.

6.

We expect the fresh proceedings to be initiated and concluded as expeditiously as possible. 7.

The petition is allowed in the aforestated terms.

(M. W. Chandwani, J.) (Rohit B. Deo, J.) wasnik YUVRAJ WASNIK