Sau. Nalini W/O Gajanan Gonnade v. The Chief Officer, Bhandara Municipal Council,Bhandara

WP8328.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.8328/2019 Sau. Nalini w/o. Gajanan Gonnade Vs.

The Chief Officer, Bhandara Municipal Council, Bhandara and six others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri H.A.Khedikar, Advocate, for petitioner. Shri A.S.Fulzele, Addl.Government Pleader for respondent nos. 2, 5 and 6.

CORAM

: R.K.DESHPANDE and A.S.CHANDURKAR, JJ.

DATE : 14.01.2020 The claim of the petitioner is to restrain the respondent nos. 3 and 4 from creating obstruction in collection of the market fee by the petitioner as an authorized contractor of the respondent no.1-Municipal Council, Bhandara.

The complaint is that inspite of having power, the respondent no.1-Chief Officer, Municipal Council, is not exercising the same to prevent the respondent nos. 3 and 4 from creating obstruction in collection of market fee. In our view, it is a commercial contract between the petitioner and the respondent no.1-Municipal Council. The respondent nos. 3 and 4 are the private parties. It is open for the petitioner to file civil suit claiming appropriate order of injunction against the respondents.

WP8328.19 2/2 We therefore dismiss the writ petition on the ground of existence of an alternate remedy. All questions are left open to be agitated in the civil suit. For other reliefs also, it is open for the petitioner to adopt appropriate legal remedy as are permissible in law. No orders as to costs.

JUDGE JUDGE Andurkar..