Santosh Manoharrao Papinwar & ... vs Nagpur Municipal Corpation And ...
2016 Latest Caselaw 4653 Bom

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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT NAGPUR, NAGPUR.




                                                        
                                           ...

WRIT PETITION NO. 1127 /2000

1) Santosh s/o Manoharrao Papinwar Aged about 43 years, occu: Business Resident of at Papinwar Bhawan West High Court Road, Dharampeth Nagpur.

2) Shri Mukundrao Manoaharrao Papinwar Aged about 40 years,

Occu: Legal Practitioner Resident of at Papinwar Bhawan West High Court Road, Dharampeth

Nagpur.

3) Shri Jeevan s/o Manoharrao Papinwar Aged about 34 years, occu: Business

Resident of at Papinwar Bhawan West High Court Road, Dharampeth

Nagpur.

4) Smt. Meeratai wd/o Manoharrao Papinwar Aged about 62 years, occu: Household Resident of at Papinwar Bhawan

West High Court Road, Dharampeth Nagpur. ..PETITIONERS

v e r s u s

1) City of Nagpur Corporation Through the Municipal Commissioner Civil Lines, Nagpur.

    2)      Executive Engineer
            Water Works Department 
            City of  Nagpur Corporation
            Sitabuldi, Nagpur.                     ..              ...RESPONDENTS





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...........................................................................................................................

Mr. B.M. Mohta, Advocate for the petitioners Mr. J.B. Kasat, Advocate for the respondents

...........................................................................................................................

                                                        CORAM:    SMT. VASANTI  A  NAIK   &
                                                                       MRS . SWAPNA  JOSHI, JJ
                                                                                              . 
                                                        DATED :       11th August,  2016




                                                                                    

ORAL JUDGMENT: (PER SMT.VASANTI A. NAIK, J.)

By this Writ Petition, the petitioners challenge the

communication issued by the respondent no.2, dated 15.3.2000, threatening

to recover the water charges that were liable to be paid by M/s Wawin India

Limited and Smt. Nashine, who were the tenants in the property of the

petitioners and has secured an independent water connection from the

respondents.

2. It is the case of the petitioners that there is nothing under the

City of Nagpur Corporation Act and the Water Bye-laws that permit the

respondents to recover the amount towards water bills, that are liable to be

paid by the tenants, that independently hold the water connection from the

respondent-Corporation. It is stated that M/s Wawin India Limited and Smt.

Nashine, were residing on the first floor of the building owned by the

petitioners and they had independently secured the water connection from the

Nagpur Municipal Corporation and water consumption charges were,

therefore, liable to be paid by them. It is stated that there was no privity of

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contract between the petitioners and Nagpur Municipal Corporation in respect

of the water meter and the water bills, as the contract in respect of the water

meter and water supply was between the Nagpur Municipal Corporation on

one hand and M/s Wawin India Limited and Smt. Nashine, on the other. It is

stated that in the absence of any authority of law to secure the water charges

from the petitioners, the respondents could not have issued the impugned

communication.

3.

Shri J.B. Kasat, the learned counsel for Nagpur Municipal

Corporation fairly states, by referring to the communication issued by the

Executive Engineer, Water Works Department, Nagpur Municipal Corporation,

dated 7.7.2016, that at the relevant time, when the impugned communication

was issued, there was no provision in the Act or the Water Bye-laws, to

recover the amount from the owner if the tenant fails to pay the water charges.

It is stated that the Nagpur Municipal Corporation is therefore, desirous of

withdrawing the impugned communication dated 15.3.2000 and would take

steps to recover the water dues from the tenant, if permissible. The learned

counsel has placed a copy of the communication dated 7.7.2016, which is

taken on record and marked Exh. "A", for identification.

4. In view of the statement made on behalf of the respondent-

Corporation, the Writ Petition is allowed. The impugned communication dated

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15.3.2000 stands withdrawn, in view of the statement made on behalf of the

Corporation.

Rule is made absolute in the aforesaid terms, with no orders as to

costs.

                            JUDGE                           JUDGE
    sahare
                                 
                                
       
    







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Uploaded on: 16.08.2016.