Bombay High Court
Jyoti W/O Late. Manoj Mogre vs Nagpur Municipal Corporation, Nagpur ... on 18 March, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:2763-DB
1 25-J-WP-5123-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5123 OF 2024
Mrs. Jyoti w/o Late. Manoj Mogre,
Plot No.35, Mama Layout,
Geeta Nagar, Zingabai Takali,
Nagpur City, Nagpur - 440030. ... PETITIONER
VERSUS
1. Nagpur Municipal Corporation,
5th Floor, Chhatrapati Shivaji Maharaj,
Administrative Building,
Mahanagar Palika Marg, Civil Lines,
Nagpur - 440001.
2. Nagpur Solid Waste Management Dept.,
5th Floor, Chhatrapati Shivaji Maharaj,
Administrative Building,
Mahanagar Palika Marg, Civil Lines,
Nagpur - 440001.
3. The Deputy Commissioner and
Director, Solid Waste Management,
Department, Nagpur Municipal Corporation,
Headquarters, Administrative Building,
Civil Lines, Nagpur - 440001.
4. State of Maharashtra,
Through its Principal Secretary,
Ministry of Social Justice and Welfare,
Mantralaya, Mumbai - 400 032. ... RESPONDENTS.
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Shri Saurabh Singha, Advocate for Petitioner.
Shri S. M. Ukey, Advocate for respondent Nos.1 to 3.
Shri J. Y. Ghurde, AGP for respondent No.4.
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CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.
DATE : 18/03/2025.
ORAL JUDGMENT :
Shri S.M. Ukey, learned counsel, waives service for
respondents Nos.1 to 3, and Shri J. Y. Ghurde, learned AGP, waives
2 25-J-WP-5123-2024.odt
service for respondent No.4.
1. Heard. Rule. Rule is made returnable forthwith and heard
finally, with the consent of the learned counsel, appearing for the
parties.
2. Mr. Singha, learned counsel for the petitioner, restricts his
claim in respect of prayer clause (c) of the petition, which reads thus
as under:-
"c. In the alternative to prayer (b) above, the
Respondents be directed to decide the Application of the
Petitioner dated September 15, 2021 ("Annexure-C") to
the present Writ Petition filed by the Petitioner in
accordance with law."
3. A bare perusal of the above prayer reveals that the
petitioner only seeks directions against the respondents to decide the
application dated 15.09.2021 filed before the Authority.
4. Learned counsel for the respondent Nos.1 to 3
vehemently opposed the relief.
5. Having considered the relief claimed by the petitioner and
the facts that the petitioner is the widow of the deceased Manoj, who
was permanently working as Sweeper in zone 10 as well as the
3 25-J-WP-5123-2024.odt
pendency of the application dated 15.09.2021 with the Authority
since 2021, we deem it appropriate to direct the respondent Nos.1 to
3 - Authorities to decide the same in terms of the Government
Resolution dated 24/02/2023, within a period of four weeks from
the receipt of a copy of this order.
6. The petitioner is directed to appear before the
respondents - Authorities on 24/03/2025.
7. The petition is disposed of accordingly, and the Rule is
made absolute in the above terms. No costs
[ABHAY J. MANTRI, J.] [AVINASH G. GHAROTE, J.]
Choulwar
Signed by: V.M. Choulwar (VMC)
Designation: PS To Honourable Judge
Date: 19/03/2025 19:49:37
