Bombay High Court
Nashik Municipal Corporation Nashik ... vs Shahabaj Mumtaz Khan on 2 February, 2022
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
(23)-WP-470-22 & group.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
CIVIL APPELLATE JURISDICTION
signed by
BALAJI
BALAJI GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL Date:
2022.02.02
16:39:58
CIVIL WRIT PETITION NO. 470 OF 2022
+0530
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
SHRI. SUKHDEV SINGH KIR .....RESPONDENT
WITH
WRIT PETITION NO. 471 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
AASIF IQBAL SHAIKH .....RESPONDENT
AND
WRIT PETITION NO. 475 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
MAHESH KAPURCHAND MANGAL .....RESPONDENT
THR AUTHORIZED PERSON
WITH
WRIT PETITION NO. 481 OF 2022
BGP. 1 of 5
(23)-WP-470-22 & group.doc.
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
HARIJIT SINGH UPPAL .....RESPONDENT
WITH
WRIT PETITION NO. 478 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
SHAHABAJ MUMTAZ KHAN .....RESPONDENT
WITH
WRIT PETITION NO. 476 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
ASHATALA DAGU GANGURDE .....RESPONDENT
THR AUTHORIZED PERSON
WITH
WRIT PETITION NO. 483 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
BGP. 2 of 5
(23)-WP-470-22 & group.doc.
V/s.
DILIPSINGH BIRBALSINGH BENIVAL .....RESPONDENT
WITH
WRIT PETITION NO. 484 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
SULEMAN USMAN SAYYED .....RESPONDENT
WITH
WRIT PETITION NO. 482 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
MUJJAFAR YASIR BEG .....RESPONDENT
WITH
WRIT PETITION NO. 479 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
TARANJIT SINGH KIR .....RESPONDENT
BGP. 3 of 5
(23)-WP-470-22 & group.doc.
WITH
WRIT PETITION NO. 485 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
DILJITKAUR MANAKSINGH AJAMANI .....RESPONDENT
THR AUTHORIZED PERSON
WITH
WRIT PETITION NO. 480 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
ALTAF HUSSAIN SHAIKH .....RESPONDENT
WITH
WRIT PETITION NO. 477 OF 2022
NASHIK MUNICIPAL CORPORATION, ....PETITIONERS
NASHIK THROUGH ITS COMMISSIONER
AND ANR
V/s.
JAHID AHAMAD KHAN THR AUTHORIZED .....RESPONDENT
PERSON
Ms. Chaitrali A. Deshmukh for the Petitioners.
Mr. Vivek Salunke i/by Ajinkya Jaibhave for Respondents.
BGP. 4 of 5
(23)-WP-470-22 & group.doc.
CORAM : NITIN W. SAMBRE, J.
DATE : 2nd FEBRUARY, 2022 P.C.
1. The order of injunction which is impugned in the present petitions is passed in an appeal preferred by the respondent/appellant before the District Judge pursuant to the provisions of Section 81(f) of the Maharashtra Municipal Corporation Act ("MMC Act"). Section 81(h) of the said Act bars the jurisdiction of civil Court. The Court of learned District Judge while entertaining appeal under Section 81(f) of the MMC Act does not appear to be Court of original civil jurisdiction.
2. In the aforesaid background, this Court is of the prima- facie opinion that the order of grant of injunction which is impugned in the present petitions cannot be said to have been passed by the civil Court.
3. As such, Registry to verify and place the writ petitions before the appropriate Court.
[NITIN W. SAMBRE, J.]
BGP. 5 of 5