1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.3540/2009 (Nikhil R. Gandecha .vs. Nagpur Improvement Trust and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.K. Mishra, Advocate for Respondent no.1. Mr. N.W. Sambre, G.P. For Respondents 2,3 and 5. Mr. S.M. Puranik, Advocate for Respondent No.4. Mr. D.C. Naukarkar, Advocate for Respondent no.6. .. CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : OCTOBER 7, 2009 None appears on behalf of the petitioner. Mr. Mishra, learned counsel appears for respondent no.1, Mr. Sambre, learned Government Pleader appears for respondents no.2,3 and 5 and Mr. Naukarkar, learned counsel appears for respondent no.6. Affidavits filed on behalf of respondents 2 to 6 is taken on record. It is the case of the petitioner that respondent no.6 has carried out illegal construction on plot bearing no. 394 in the layout of respondent no.1 in Khasra Nos. 25, 36 and 37 bearing City Survey No. 33, Sheet No. 1064/27 of mouza Pardi situated at Subhan Nagar Nagpur and no action has been taken by the respondents, more particularly by respondent no.1 regarding the illegal construction and encroachment. 2 Affidavit filed on behalf of respondent no.6 discloses that respondent no.1 has already issued notice to respondent no.6 for demolition and removal of illegal construction carried out by him and Civil Suit bearing No. 676/2009 is pending before the Civil Judge, Junior Division, Nagpur in which order of status quo has been passed. Mr. S.K. Mishra, learned counsel appearing for respondent no.1 states that respondent no.1 has already issued notice of demolition and removal of encroachment to respondent no.6 and in view of the status quo order, respondent no.1 is not in a position to take any action at this stage in the matter. However, Mr. Mishra states that respondent no.1 is ready and willing to act in accordance with the provisions of the Act in so far as illegal construction carried out by respondent no.6 is concerned subject to the orders that may be passed by the Civil Court in the Civil Suit No. 676/2009 filed by respondent no.6. In view of above, it is evident that action has been initiated by respondent no.1 in so far as illegal construction carried out by respondent no.6 is concerned and, therefore, cause of action in the present petition no more survives. We direct Civil Judge, Junior Division, Nagpur to decide the application for injunction filed by respondent no.6 in civil suit No.676/2009 expeditiously and in any case within a period of three weeks from the date of receipt of the order in accordance with law. In the event adverse orders are passed in the said civil suit against respondent no.6, we expect respondent no.1 to take prompt action against respondent no.6 against the illegal construction, of 3 course subject to the orders that may passed by the Civil Judge, Junior Division, Nagpur. Writ petition stands disposed of accordingly. JUDGE JUDGE halwai