Prabhu Steel Industries Ltd., Nagpur, Thr. Director, Krishanu Harish Agrawal v. Nagpur Improvement Trust, Nagpur Through Its Chairman

2026:BHC-NAG:3615-DB 10wp5618.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5618 OF 2025 Prabhu Steel Industries Ltd. Through its Director Krishanu Harish Agrawal Vs Nagpur Improvement Trust, having Office at Station Road, Sadar, Nagpur its Chairman Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Madhur Deo, counsel for petitioner.

Mr. Girish A. Kunte, counsel for respondent.

Mr. R.A.Sharma, counsel for intervenor.

CORAM

: ANIL S. KILOR and RAJ D. WAKODE, JJ.

DATE : 04 /03/2026 1.

Heard.

2.

In this writ petition, a challenge is raised to the order dated 14/05/2025 cancelling the allotment of conservancy lane to the petitioner Company adjoining Plot Nos. 159 and 160, situated at Small Factory Area, Bagadganj, Nagpur.

3.

The challenge is raised only on the ground that, before such cancellation, the principles of natural justice was not followed, and the cancellation was effected without issuing a show cause notice or affording an opportunity of hearing.

4.

Mr. Girish A. Kunte, learned counsel for Respondent/NIT is not disputing the fact that without hearing, such order came to be passed. He is not further disputing that before passing such an order, principles of natural justice ought to have been followed. 5.

In the aforesaid facts and circumstances, we are of the opinion that the order dated 14/05/2025 cancelling the allotment of the rkn

10wp5618.2025.odt conservancy lane to the petitioner Company is vitiated and deserves to be quashed and set aside.

6.

In the above facts and circumstances, though an application for intervention has been filed, we are of the opinion that the same need not be considered. Accordingly, we pass the following order:

ORDER

a] The writ petition is allowed.

b] The order dated 14/5/2025 cancelling the allotment of conservancy lane to the petitioner Company adjoining Plot Nos. 159 and 160, situated at Small Factory Area, Bagadganj, Nagpur, is hereby quashed and set aside. c] Respondent/NIT is at liberty to issue show cause notice to the petitioner and take a decision, if so desire, for cancellation of such allotment.

d] Liberty is granted to the applicant in the application for intervention to apply for such request to the authority, if so desire.

e] All points are kept open.

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) rkn