Single judge bench dismissed a writ petition challenging the trial court's order rejecting a tenant's application to repair property located within a listed historical monument site without prior permission.
Writ petition dismissed with no order as to costs.
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wp944-13.order
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 944 of 2013.
Smt. Chhaya wd/o Ratansingh Chauhan. Vs.Shri Subramaniyam D. Sangam.
Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Mr. A.P. Thakur, counsel for the petitioner.
CORAM : SMT. VASANTI A. NAIK, J. DATE : 21st February, 2013.
By this petition, the petitioner impugns an order passed by the trial court on 13.8.2012, rejecting an application filed by the petitioner for permission to repair the suit property.
On hearing the learned counsel for the petitioner and on a perusal of the impugned order, it appears that the trial court was justified in rejecting the application filed by the petitioner. The trial court rightly observed that it was clear from the perusal of the plaint that the Heritage Conservation Committee, Nagpur had included the respondent-plaintiff society in the list of ancient and historical monuments. The trial court held that it was necessary to preserve the monuments and it would not be proper during the pendency of the suit filed by the respondent-plaintiff to permit the petitioner-tenant to repair the suit property without the permission of the Heritage Conservation Committee. The approach of the trial court in deciding the matter is just and proper. The impugned order calls for no interference in exercise of the writ jurisdiction.
In the result, the writ petition is dismissed with no order as to costs.
JUDGE
Hirekhan
1 issue framed by the court
Whether the High Court should interfere with the trial court's rejection of the tenant's application for permission to repair the suit property without Heritage Conservation Committee approval.
Chhaya wd/o Ratansingh Chauhan
Shri Subramaniyam D. Sangam
Vasanti A. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
