Ashitosh S/O Shamrao Bhange, Thr. P.O.A., Vinay Purushottam Bhange And ORS. v. Nagpur Improvement Trust, Thr. Its Chairman, Nagpur - 1 And Another

116.wp.2547.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2547 OF 2026 Ashitosh S/o. Shamrao Bhange and others .Vs.

Nagpur Improvement Trust and another _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr S. D. Chande, Advocate for the petitioner/s CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATED : 27 th MARCH , 2026 .

Heard learned counsel for the petitioners.

2.

The present petition came to be filed seeking relief against the Nagpur Improvement Trust, who issued a notice of removal of encroachment, alleged to have committed by the noticee, on the land of the NIT.

3.

There is a specific mention that the notice is issued in pursuance of the order passed by the Co-ordinate Bench of this Court in Writ Petition No. 7236 of 2024 dated 11/03/2026.

4.

The petitioners, despite being fully aware that the said petition which is already pending and that they are parties to it, failed to disclose this fact during the course of arguments made on merits for about 15 minutes. Even when this Court suggested the petitioners to approach the same Court, no such disclosure was made. However, while passing the order, when this Court granted liberty to approach the same Bench by

116.wp.2547.2026.odt filing an application in the pending matter, the petitioners, for the first time, made disclosure.

5.

We deprecate such practice. It was expected that the learned counsel should have in the beginning itself made a disclosure of the said fact.

6.

In the circumstances, though we are allowing the petitioner to withdraw the present petition on his request, we impose costs of Rs.11,000/- (Rupees Eleven Thousand only) to be paid to the Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur, bearing Account No. 129712010001014 and IFSC Code No. UBIN0812978 within two weeks from today. 7.

The compliance of deposit of amount of costs shall be reported in WP No.7236 of 2024.

8.

The writ petition stands disposed of, as withdrawn.

[RAJ D. WAKODE, J] [ANIL S. KILOR, J.] Namrata Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 30/03/2026 12:34:32