Shri Shardaprasad S/O Ramcharan Gupta And Another v. Municipal Council Of Umrer Through Chief Officer, O/A Municipal Council, Umrer, Nagpur And Another

WP5199-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No.5199/2016 (Shardaprasad Ramcharan Gupta and another .vs. Municipal Council of Umrer and another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mrs. M.N. Hiwase, Advocate for Petitioners CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : September 14, 2016.

The petitioner has approached this Court impugning the communication addressed by the Municipal Council, Umrer dated 30.07.2016.

It is the contention of the petitioners that the land is owned by the petitioners and not encroached as alleged in the impugned notice.

We find that all these questions are disputed questions of facts which cannot be gone into an extra ordinary jurisdiction of this Court. The petitioners have an alternate efficacious remedy available in law to obtain the appropriate orders if the contention raised by the petitioners is correct.

The petition is, therefore, rejected relegating the petitioners to the alternate remedy available in law. JUDGE JUDGE halwai

WP5199-16.odt Certificate I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.G. Halwai.

Uploaded on: 15.9.2016