Monika W/O Pradeep Shinde v. The District Magistrate, Collectorate Office, Nagpur

1 920-WP-4405-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4405 OF 2026 MONIKA W/O PRADEEP SHINDE Vrs.

THE DISTRICT MAGISTRATE, COLLECTORATE OFFICE, NAGPUR AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Rozat Akolawala, Advocate h/f Ms. Shaad Mirza, Advocate for petitioner.

Shri S. B. Bissa, AGP for respondent Nos.1 and 2. Shri S. D. Chande, Advocate for respondent No.3. CORAM: RAJ D. WAKODE, J.

DATE : 29/05/2026 1.

Heard Ms. Rozat Akolawala, Advocate h/f Ms.

Shaad Mirza, learned counsel for the petitioner, Shri S. B. Bissa, learned AGP for respondent Nos.1 and 2 and Shri S.D. Chande, learned counsel for respondent No.3 - Caveator.

2.

Ms. Rozat Akolawala, learned counsel fairly submits that the petitioner has approached this Court seeking challenge to the impugned order dated 28/01/2026 passed by the respondent No.2 - SubDivisional Officer, Nagpur. 3.

The aforesaid order was passed under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The aforesaid order was passed on 28/01/2026 and the petitioner has already challenged the

2 920-WP-4405-2026.odt aforesaid order before the Appellate Authority i.e. the respondent No.1 - The District Magistrate, Nagpur. 4.

Ms. Rozat Akolawala, learned counsel submits that the petitioner was required to approach this Court in view of the impending urgency as on 23/05/2026, the petitioner and her daughter were forcibly removed from the house involved in question. 5.

Be that as it may, now the respondent No.1 - The District Magistrate, Nagpur has already issued notice of hearing on 27/05/2026 to the parties for hearing on 01/06/2026. The petitioner has also filed an application for grant of interim relief in the aforesaid appeal and can very well pray for such interim relief, if the aforesaid appeal is not being decided on its own merits on the same day.

6.

In view of the above, list the present writ petition on 08/06/2026 for further consideration. [JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 30/05/2026 16:35:52