Abhyankarnagar Nagarik Mandal ... vs State Of Mah. Thru. Secty. And 4 Ors
2022 Latest Caselaw 8860 Bom

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

                          CIVIL WRIT PETITION NO.5710 OF                                  2006

                                    Tarun Devsi Patel and ors.
                                              -Vs-
                      The Nagpur Improvement Trust Through Chairman and ors.

                                                           AND

                        CIVIL WRIT PETITION NO. 2272 OF                                     2006

                 Ghar Malak Samasya Niwaran Sangh through its Secretary and ors.
                                             -Vs-
                    The Nagpur Improvement Trust Through Chairman and anr..

                                                           AND

                         CIVIL WRIT PETITION NO. 735 OF                                     2007

                   Abhyankarnagar Nagarik Mandal through its Secretary, and ors.
                                              -Vs-
                                  State of Maharashtra and ors.

-----------------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
-----------------------------------------------------------------------------------------------------------------------------
                                       Mr.Atharva S.Manohar, counsel for the petitioners in Writ Petition NO.5710
                                       of 2006.
                                       Mr.Anand Parchure, counsel for petitioners in Writ Petition No.2272 of
                                       2006.
                                       Mr.A.D.Mohogaonkar, counsel for the petitioners in Writ Petition No. 735 of
                                       2007.
                                       Mr.K.L.Dharmadhikari, A.G.P for respondents-State in all the Writ Petitions.
                                       Mr.S.M.Puranik counsel for respondent -Nagpur Improvement Trust.



                                               CORAM : SUNIL B.SHUKRE &
                                                       VALMIKI SA MENEZES, JJ.

                                                DATE             : 06.09.2022.



                                  1.             Heard.

2. With the able assistance given by the learned advocate for the petitioners, and also the learned AGP for

Kavita 206- WP NO.5710-06.odt

the respondents, we have gone through the judgment of the Apex Court in the case of Nagpur Improvement Trust Vs. Nagpur Timber Merchants, Association and anr., reported in (1997) 5 SCC 105. We are of the opinion that these Writ Petitions can be disposed of by giving appropriate directions and liberty in the matter. Accordingly, we grant liberty to the petitioners to approach the NIT by making suitable representation against the impugned demand notices received by the petitioners from the NIT, and in case, the petitioners do file their representations, same shall be decided by the NIT in accordance with law, as expeditiously as possible preferably within a period of three months from the date on which hearing is granted to the petitioners. All questions are kept open.

3. Interim relief granted in these Writ Petitions shall continue till the decision of the NIT and in case, the decision is adverse to the petitioners or any of them, it shall continue for a further period of four weeks from the date of the decision.

4. Rule is made absolute in the above terms. No costs.

                                           JUDGE                           JUDGE



Signed By:KAVITA PRAVIN
TAYADE
P. A.

Signing Date:07.09.2022 18:00

Kavita