1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4964/2008 (Mahadeo Ganpat Khare and others vs. Municipal Council, Shegaon) ====================================== CORAM : B.P.Dhamadhikari, J. DATE : 25 st NOVEMBER, 2008 Heard Advocate Thakkar, for the petitioner. Seen photographs at Annexure-V and also Notice at Annexure-VI. The notice is under Section 181 of Maharashtra Municipal Act for removal of encroachment. Both the courts have concurrently found the action of Municipal Council to be justified. It is apparent that the petitioners have encroached on a portion not allotted to them by the Municipal Council and hence action of Municipal Council is justified. The aspect is squarely covered by the judgment of this Court reported in 2007(3) Mh.L.J 155. Provisions of Section 272 are not invoked by the Municipal Council as there is encroachment by the petitioners. No case is made out warranting interference 2 in writ jurisdiction. Writ petition is dismissed with no order as to costs. JUDGE Rvjalit