The High Court dismissed this writ petition challenging a show-cause notice regarding a dilapidated property, holding it not maintainable as the petitioner should approach the ordinary Civil Court for redressal.
No costs.
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1 W.P.No.3694.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 3694 OF 2020
Shri Mahadeo @ Mahesh S/o Lekhumal Khushalani,
..VS..
State of Maharashtra, through its Secretary, Urban Development Department, Mantralaya, Mumbai and Ors.,
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Ms Bhavika Hindustani, Advocate h/f Shri Harish Dangre, Advocate for petitioner.
Shri A. S. fulzele, Addl.G.P. for respondent No.1. Shri Girish Kunte, Advocate for respondent Nos.2 to 5. Shri A. S. Joshi, Advocate for respondent Nos.6 & 7.
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATED : 15.09.2021
2 W.P.No.3694.2020
3 W.P.No.3694.2020
possession would have to be touched upon in such a way as is necessary to achieve the ends of justice. Here, the ends of justice require that there occurs no loss to the person and property of anybody. After-all, human life is precious and the property exists for making the human life safe, secure and meaningful. If the property itself poses danger to human life, the property loses its significance and can no longer be protected. This is what the due process of law would mean. The show cause notice impugned herein, has been issued with a view to protect precious human life as it is apprehended by the NMC officials that the subject property may come tumbling down to the ground at any point of time, it being in highly dilapidated condition and thus it seeks to uphold due process of law.
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with liberty to the petitioner to take recourse to ordinary civil law remedy, if any, keeping all questions open. No costs.
JUDGE
JUDGE
Kirtak
1 issue framed by the court
Whether the present writ petition challenging the show cause notice is maintainable considering the nexus with a civil court injunction regarding the property's endangered condition.
Shri Mahadeo @ Mahesh S/o Lekhumal Khushalani
State of Maharashtra
Sunil B. Shukre
Anil S. Kilor
As recorded by the court registry
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