Bombay High Court
Maha. Shikshan Sanstha, Thr. Secy., ... vs Maha. Municipal Corp. Thr. Municipal ... on 15 May, 2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4191 OF 2026
Maharashtra Shikshan Sanstha, A Charitable Trust through its Secretary
Smt. Indirabai Wd/o Dewaji Deotale and another
..VS..
Maharashtra Municipal Corporation, through its Municipal Commissioner, Nagpur
and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. D. G. Paunikar, Advocate for the petitioners.
Mr. J. B. Kasat, Advocate for the respondent Nos.1 & 2.
Mr. C. A. Lokhande, AGP for the respondent/State.
CORAM : RAJNISH R. VYAS, J.
DATED : MAY 15, 2026
1. The petitioners, who claim to be the subtenants of
respondent No.3, have approached this Court, contending that
they have been served with a notice of eviction.
2. The learned counsel for the petitioners has argued that,
though they were called upon to remain present and they have
filed their submissions, the order impugned shows that the
material pointed out by the petitioners were not taken into
consideration.
3. Per contra, learned counsel Mr. Kasat, appearing for
Respondent Nos.1 and 2, has vehemently opposed the prayer,
contending that the property in question was leased out to
Respondent No.3, who has accepted the order, and therefore, the
petitioners, who are sub-tenants, have no right to claim the
possession. He then prayed for time to file a detailed reply.
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4. Considering the fact that the petitioners are in possession
of the property since last many years, prima facie, I am inclined
to protect their possession till the returnable date. Hence, the
following order:-
ORDER
(i) Issue notice to the respondents, returnable on 22/06/2026;
(ii) Mr. J. B. Kasat, learned counsel, waives service for respondent Nos.1 and 2;
(iii) Learned A.G.P. Mr. C. A. Lokhande, waives service for respondent No.4;
(iv) In the meanwhile, the parties are directed to maintain status-quo as regard the possession.
(v) To be tagged along with Writ Petition No. 4185/2026.
(RAJNISH R. VYAS, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 15/05/2026 15:01:10