Prasad Govindrao Naik v. Municipal Commissioner And ORS

2025:BHC-AS:32678-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14663 OF 2024 Prasad Govindrao Naik ..Petitioner vs.

Municipal Commissioner and ors.

..Respondents ------------ Adv. Raufa Shaikh i/b. Adv. Yuvraj P. Narvankar, for the Petitioner.

Mr. V. G. Badgujar, AGP, for the Respondent-State. ------------

CORAM

: M. S. KARNIK & N. R. BORKAR, JJ.

DATE : 1st AUGUST, 2025 P.C. :

1.

Heard learned counsel for the parties.

2.

Learned counsel for the Petitioner submitted that a private notice has been duly served on the Respondent Nos.1 and 2 and an affidavit of service to that effect is filed. Learned counsel for the Petitioner has invited our attention to the averments made in the Petition. According to her the name of the Petitioner needs to be mutated in the property records and property tax register as the Petitioner is claiming under and by virtue of Will and Testament executed by father of the Petitioner who was the sole owner

of the subject property. It is submitted that though a detailed representation is made by the Petitioner to the Respondent No.1/2 on 10th January 2024 which is at page 15 of the paper-book, the Respondents have not taken any steps to mutate the names of the Petitioner in the relevant records. Learned counsel for the Petitioner submits should the Corporation want any clarification, the Petitioner is willing to appear for a hearing before the Corporation. These are matters of course which the competent authority may decide.

3.

In our opinion, considering the nature of the order that we propose to pass and as requested by the learned counsel for the Petitioner, the notice on the Respondent Nos.1 and 2 not be necessary as private notice is served. We direct the Respondent Nos.1 and 2 to take appropriate decision on the representation dated 10th January 2024 within a period of eight weeks from the date of communication of this order. The Petitioner is willing to cooperate with the Respondent Nos.1 and 2 and furnish all information if required by the Corporation.

4.

The Writ Petition is disposed of.

(N. R. BORKAR, J.) (M. S. KARNIK, J.) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 01/08/2025 17:54:55