Prabhakar Shriram Tarale And ... vs The Municipal Council, Daryapur, ...
2022 Latest Caselaw 5985 Bom

WP 977-21                                       1                       Judgment

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

                    WRIT PETITION NO. 977/2021

1.    Prabhakar Shriram Tarale,
      Aged 46 yrs, Occ - Business,
      R/o Banosa, Gandhi Nagar,
      Tq. Daryapur, Dist. Amravati.

2.    Purushottam @ Manoj Ramchandra Tayde,
      Aged @ 41 yrs, Occ - Business,
      R/o Ganesh Laxmi Park, Banosa,
      Tq. Daryapur, Dist. Amravati.                                 PETITIONERS

                                 .....VERSUS.....


The Municipal Council, Daryapur,
through its Chief Officer, Tq. Daryapur,
Dist. Amravati.                                                     RESPONDENT


                 Shri S.M. Vaishnav, counsel for the petitioners.
                 Shri M.I. Dhatrak, counsel for the respondent.


CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : 28TH JUNE, 2022.

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The challenge raised in this writ petition is to the notice dated

16.02.2021 issued by the respondent through its Chief Officer calling

upon the petitioner to remove the alleged encroachment to the extent of WP 977-21 2 Judgment

30 Meters X 40 Meters on the open land said to be owned initially by

Shetkari and Ginning Society. One of the grounds of challenge raised by

the petitioners was that time of twenty four hours was given to the

petitioner to remove the alleged encroachment.

3. After hearing the learned counsel for the parties, the learned

counsel for the respondent was directed to obtain instructions from the

Chief Officer as to whether larger time could be granted to the petitioner

to remove the encroachment which would enable the petitioner to

respond to that notice in accordance with law.

Today, it is submitted by the learned counsel for the

respondent that the notice dated 16.02.2021 would be withdrawn and a

fresh notice would be issued to the petitioner in accordance with law.

4. In view of aforesaid, the notice dated 16.02.2021 is permitted

to be withdrawn by the Municipal Council. It is free to take such steps as

are permissible in law to remove the alleged encroachment after giving

sufficient notice to the petitioner. All points raised in the petition

challenging the legality of the notice dated 16.02.2021 are kept open.

Needless to state that if the petitioners are aggrieved by the outcome of

the subsequent notice, they are free to take such steps as are admissible in

law.

WP 977-21 3 Judgment

5. Rule is disposed of in aforesaid terms. No costs.

(URMILA JOSHI-PHALKE, J.) (A.S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:30.06.2022 18:12