JUDGMENT

A.S. Chandurkar, J. - RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The challenge raised in this writ petition filed under Article 226 of the Constitution of India is to the notice dated 05.03.2021 issued by the Nagpur Municipal Corporation under the provisions of Section 264(1) of the Maharashtra Municipal Corporations Act, 1949 (for short, 'the Act of 1949'). A further challenge has been raised to the constitutionality of Section 433A of the Act of 1949 since it bars the questioning of a notice issued under Section 264 of the Act of 1949 in any suit or legal proceedings.

3. The facts giving rise to the present proceedings are that the respondent nos.3A, 3B and 4 claim ownership rights in the premises standing on Plot No. 29, Municipal House No. 36, Great Nag Road, Nagpur which is in occupation of the petitioners as tenants. For the reason that the structure in question was quite dilapidated requiring the same to be pulled down, the owners on 01.11.2020 made a complaint to the Municipal Authorities requesting it to pull down the same in accordance with law. On receiving the aforesaid complaint, the Municipal Corporation on 22.01.2021