Marquis Advertising And Marketing v. Nashik Municipal Corporation Thr Its Municipal Commissioner And ANR

P6-ASWP-5665-2024.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5665 OF 2024 Marquis Advertising and Marketing

...Petitioner

Versus

Nashik Municipal Corporation & Anr

...Respondents

Mr Mayur Khandeparkar, i/b Sangram Chinnappa, for the Petitioner.

Mr Rohit Sakhdeo, for Respondents Nos 1 & 2- Nashik Municipal Corporation.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

16th April 2024 PC:- 1.

Not on board. Mentioned. Taken on board.

2.

Mr Khandeparkar presses for immediate relief. Mr Sakhdeo vigorously opposes the Petition and the application for interim relief.

3.

In our view, the Writ Petition will have to be allowed immediately. The impugned orders at Exhibit "V" and "W" to the Petition are admittedly not show cause notices but orders directing Digitally signed by SANDHYA BHAGU WADHWA Date:

2024.04.17 10:31:06 +0530 SANDHYA BHAGU WADHWA 16th April 2024

P6-ASWP-5665-2024.DOC removal of the Petitioner's billboards. No hearing was admittedly given to the Petitioner.

4.

The impugned orders at Exhibit "V" and "W" dated 3rd April 2024 are quashed and set aside.

5.

The Nashik Municipal Corporation is at liberty to issue a proper show cause notice in accordance with law and to decide this on merits with a reasoned order after giving the Petitioner an opportunity of a hearing and of showing cause. 6.

We have not thought it necessary to consider the other prayers. All contentions on both sides are expressly left open. 7.

Rule is made absolute in these terms.

(Kamal Khata, J) (G. S. Patel, J) 16th April 2024