Mr. Karim Khan Abbas Khan Pathan v. Nagpur Municipal Corporation, Thr. Commissioner, Nagpur And ORS.

2026:BHC-NAG:2881-DB 117 WP-1426-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1426 OF 2026 [Mr. Karim Khan Abbas Khan Pathan ..Vrs.. Nagpur Municipal Corporation and Others] _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. P. S. Chawhan, Advocate for Petitioner. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE : 18 th FEBRUARY , 2026 .

.

Heard Shri. P. S. Chawhan, learned counsel for the petitioner.

2.

The contention is that the petitioner is the lawful owner and occupant of House No.418-A situated at Telangipura, Gandhibagh, Nagpur. The respondent No.3, who is a private individual occupying House No.418, Gandhibagh, Nagpur, is carrying out illegal and unauthorized construction on the adjoining property without obtaining any sanction or permission from the competent authority.

3.

Shri. Chawhan, learned counsel for the petitioner, has invited our attention to the complaints dated 04.12.2025 and 10.12.2025, submitted by the petitioner to respondent No.2 - Assistant Commissioner, which are at record page Nos.43 and 45 (Annexure-D). He has also invited our attention to the legal notices issued by the petitioner on 13.12.2025 and 20.12.2025, which are at record page Nos.47 (Annexure-E) and 53 (Annexures-G). Shri. Chawhan, learned counsel, submits that in-spite of such repeated complaints and legal notices submitted by the petitioner, respondent Nos.1 and 2 have not taken any

117 WP-1426-2026 cognizance of such complaints and the respondent No.3 is proceeding with his construction.

4.

In view of the above, we dispose of the present writ petition with a direction to respondent Nos.1 and 2 to treat the aforesaid complaints and legal notices as representations and decide the same within a period of four weeks from the date of receipt of a copy of this order. Respondent Nos.1 and 2 are directed to hear the petitioner so also the respondent No.3 while taking such decision upon representations.

5.

The decision taken thereupon shall be communicated to the petitioner and respondent No.3, within a period of two weeks from the date of such decision.

6.

The present writ petition is, accordingly, disposed of. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 18/02/2026 19:23:42