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Bombay High Court

Hitesh Dayabhai Parwani vs The Municipal Commissioner, Napur And ... on 18 March, 2026

Author: Anil S. Kilor

Bench: Anil S. Kilor

2026:BHC-NAG:4598-DB


                                                                                 118 WP-2255-2026
                                                       1

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.
                            WRIT PETITION NO.2255 OF 2026
               [Shri. Hitesh Dayabhai Parwani ..vs.. The Municipal Commissioner,
                           Nagpur Municipal Corporation and Others]
           ______________________________________________________________________________
           Office Notes, Office Memoranda of Coram,
           appearances, Court's orders of directions        Court's or Judge's order
           and Registrar's orders.
                         Ms. S. A. Lakhani, Advocate for Petitioner.

                             CORAM : ANIL S. KILOR AND
                                     RAJ D. WAKODE, JJ.
                             DATE         : 18th MARCH, 2026.

                         .        Heard Ms. S. A. Lakhani, learned counsel for petitioner.

2. The petitioner has approached this Court seeking a direction to the respondent Nos.1 to 3 to decide the petitioner's legal notices/representations including the legal notice dated 09.09.2025.

3. The contention is that the petitioner has issued legal notices to the respondents authorities, more specifically to respondent No.1 - Municipal Commissioner, Nagpur Municipal Corporation, thereby requesting respondent No.1 to assess the structural stability of the dangerous and dilapidated portions of House Nos. 167, 167/A and 167/1, Plot No.4, Dahake Layout, Shankar Nagar, Nagpur. The petitioner is the owner of the aforesaid property.

4. Ms. Lakhani, learned counsel, has invited our attention to the legal notice dated 23.09.2025, which is at record page No.69 (Annexure - D). In-spite of such legal notice issued on 23.09.2025, since no action was taken by the respondent authorities, neither such notice was replied, the petitioner again on 06.11.2025, has issued a reminder notice, which is at record page 118 WP-2255-2026 2 No. 73 (Annexure - E). However, second reminder had also met same fate.

5. Since the respondents have not responded to such legal notices neither have initiated any action, on such basis, the petitioner has approached this Court.

6. In view of the above, we dispose of the present writ petition with a direction to respondent No.1 - Municipal Commissioner, Nagpur Municipal Corporation, to decide the aforesaid representations/legal notices dated 23.09.2025 and 06.11.2025, within a stipulated period of eight weeks from the date of production of the order of this Court.

7. It is made clear that respondent No.1 shall decide the aforesaid representations/legal notices in accordance with law on its own merits, after granting an opportunity of hearing to the petitioner so also the tenants of the petitioner, i.e. Bharat Sanchar Nigam Limited, residing on the ground floor and second floor and Shri. Ashok Mahesh Dalmia, who is occupying two rooms on the second floor.

8. The decision taken thereupon shall be communicated to the petitioner, within a period of two weeks from the date of such decision.

9. The present writ petition is, accordingly, disposed of.

                                             (RAJ D. WAKODE, J.)                  (ANIL S. KILOR, J.)



           TAMBE




Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 23/03/2026 18:38:52