Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100634/2018
1. Mr. Mohammed Farooque 2. Mohd. Yakub Jumma Shaikh Vs MCGM
Date : 07-02-2018
Business : Heard Learned Adv. for plaintiff and defendant. Perused
documents and pleading of the Plaintiff. It appears that
defendant has passed order on 24/01/2018 for issuance to
the notice dated 23/08/2017. It appears that after passing the
order Plaintiff has replied the notice on 05/02/2018
alongwith the documents. According to the plaintiffs
permission is not require for repairs which carried out by
them, but according to defendants permission was necessary
for the said work. In the facts and circumstances, in view of
principal of natural justice and guidelines issued in the case
of Shri. Sopan Maruti Thopate and Anr. v/s Pune Municipal
Corporation and Anr., 1996 (2) ALL MR page 383, it is jut
to give the direction to Defendant to pass fresh order by
considering reply dated 05/02/2018. Till passing a fresh
order the defendant is directed not to initiate the action
pursuance to the notice dated 23/08/2017 and order dated
24/01/2018. Thus, with this directions to the defendant,
draft Notice o
Nature of Disposal : ALLOWED
Disposal Date : 07-02-2018
COURT 11 ADDL SESSIONS JUDGE
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