Manoj Kumar Shrivastava vs Arvind Kumar Choubey And Ors. on 8 April, 2000
23. Learned counsel for the appellants has placed
of
reliance on Manoj Kumar Shrivastava Vs. Arvind
Kumar Choubey reported as 2002(1) MPLJ 172,
rt
in which it is held that, âsuit for damages against
ou
Administrator of Municipal Corporation for
C
demolition of plaintiff's Hotel without authority and
h
without serving proper notice to plaintiff-
ig
Appellant/Administrator cannot be said to have acted
H
in his personal capacity shorn of his status as
Administrator â Statutory notice under Section
401(2) should have been mandatorily given to
appellant/Administrator by respondent/plaintiff- Suit
filed without notice was not maintainable and was
liable to be dismissedâ.