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Bombay High CourtWP/3317/2026dismissed

Miss. Warsha D/O Maheshkumar Vyas v. The Chairman, Nagpur Improvement Trust, Nagpur And Another

2026-04-29Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode2 pages

2026:BHC-NAG:6791-DB 4 WP-3317-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3317 OF 2026 [Miss. Warsha D/o Maheshkumar Vyas .vs. The Chairman, NIT and Another] _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. Murlidhar L. Purohit, Advocate for Petitioner.

CORAM

:

ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE :

th APRIL , 2026 .

.

The prayer of the petitioner in the present writ petition is to direct the respondent - Nagpur Improvement Trust not to allot the leasehold property/house bearing Khasra Nos. 29, 30, 31/1-2 of Mouza Indora, Layout ID No. 2008040902, H.I.G. Indora, Dayanand Nagar, Nagpur, admeasuring 67.82 sq. mtrs. on a plot admeasuring 108.73 sq. mtrs., to any third party till the final disposal of the present petition.

2.

We are surprised to note that despite earlier litigation, namely Writ Petition No.7311 of 2022, filed by one Pradeep Champalal Jaiswal, in which the present petitioner was respondent No.3 and was represented by an Advocate and wherein, on 19.01.2026, a statement was made by the Chairman of the Nagpur Improvement Trust to withdraw the allotment letter issued in favour of the present petitioner, the present writ petition came to be filed without raising challenge to the withdrawal/cancellation of the allotment letter.

3.

It is further pertinent to note that in paragraphs 2 to 4 of the order passed in the aforesaid writ petition, the petition was partly allowed and the allotment made in favour of the present petitioner was quashed and set aside. However, liberty was granted

4 WP-3317-2026 to respondent No.1 - Chairman, Nagpur Improvement Trust to issue a show cause notice, if the NIT so desired as regards cancellation of the allotment on the ground of breach of conditions of the allotment letter dated 03.12.1987 issued in favour of the petitioner in the said petition. 4.

Thus, in view of the order passed by this Court dated 19.01.2026 in Writ Petition No.7311 of 2022, the present petition is nothing but an abuse of the process of law. Accordingly, the petition stands dismissed with costs of Rs.21,000/-, to be deposited in the "Public Welfare Account" maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur, within a period of four weeks from today. Failure to deposit the said amount within the stipulated period, the Tahsildar is directed to recover the same as arrears of land revenue from the petitioner. 5.

Place the matter for compliance on 17.06.2026. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 01/05/2026 16:07:41