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2021 Supreme(Bom) 895

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Deepak Alias Dilip – Appellant
Versus
Vijay Dhananjay Deshmukh – Respondent


Advocates appeared:
Shri N.A. Dharmadhikari, Advocate H/F Shri A.C. Dharmadhikari, for the Appellant / Shri M.I. Dhatrak, Advocate, for the Respondent.

JUDGMENT

Pushpa V. Ganediwala, J. - The grievance of the petitioner in the instant Contempt Petition is the willful disobedience of the order of 'status quo' granted by this Court vide order dated 27/02/2017 passed in Writ Petition No. 1161/2017.

2. Briefly stated, the petitioner is a Manager of Touring Talkies, viz., New Laxmi Touring Talkies, situated at the Deoli weekly market compound, Deoli. The Chief Officer, Nagar Parishad, Deoli, issued a notice dated 25/01/2017 under Sections 180 and 181 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereafter "the said Act", for short) with regard to demolition of the said Touring Talkies. In the said notice, three days time was given to the petitioner for removal of encroachment so that the respondent could smoothly carry its developmental and beautification work of market area.

3. The petitioner challenged the aforesaid notice in a Writ Petition bearing No.1161/2017 filed on 23/02/2017 submitting that the said notice was issued in violation of the procedure prescribed under Sections 180 and 181 of the said Act. On 27/02/2017, when the said Writ Petition got listed for the first time, this Court

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