Petitioners sought demolition of structures. Respondents cited a pending civil suit challenging a notice issued under the MRTP Act with an injunction. The Court held it inexpedient to interfere and disposed of the writ petition.
Writ Petition disposed of.
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FARAD CONTINUATION SHEET NO . IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3406 OF 2011
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders.
Court’s or Judge’s orders
Mr.Ravindra Pachundkar i/b. Mr.Dilip Bodake for the petitioners. Mr.A.I.Patel, for respondent no.1. Mr.Rupesh Bobade i/b. P.G.Sarda for respondent nos.5 & 6.
CORAM : D.D. SINHA &
SMT.V.K.TAHILRAMANI,JJ.
DATE : AUGUST 09, 2012.
P.C.:
Heard the learned counsel the parties.
to the respondent nos.1 to 4 to take appropriate action of demolition of two tin shades/taparis by name "Praniti
Communication" run by the respondent no.5 and Piles Clinic (a dispensary run by the respondent no.6) since it is on the public
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street, situate at village Madha, taluka Madha, dist.Solapur. The counsel for the respondent nos.5 and 6 has brought to our notice that the Planning Authority has issued notice under section 53 of the MRTP Act in respect of these structures which has been challenged by the respondent no.5 by filing Regular Civil Suit No.245 of 2009, wherein the Civil Court has granted injunction vide order dated 29.9.2010. Since the issue is pending before the competent Civil Court, it will not be expedient to show any indulgence in exercise of extraordinary jurisdiction of this Court. Hence, the Writ Petition is disposed of accordingly.
(D.D. SINHA, J.)
(SMT.V.K.TAHILRAMANI,J.)
Suundaresan
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2 issues framed by the court
Whether the High Court can direct demolition of structures when a civil suit challenging the notice is pending.
Whether extraordinary writ jurisdiction should be exercised when the Competent Civil Court has granted injunction.
1 provisions across 1 enactments
Petitioners
Respondent nos.1 to 4
Respondent no.5
Respondent no.6
D.D. SINHA
V.K.TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
