1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3949 OF 2010 (Durgaprasad R. Sevak and others vs. Municipal Commissioner, NMC and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JANUARY 31, 2011 Heard Shri Kotwal, learned Counsel for the petitioners, Shri Kaptan, learned Counsel for respondent no.1, and Shri Parsodkar, learned Counsel for respondent nos. 2, 4 and 5. The grievance of the petitioners is that there is inaction on the part of the Municipal Corporation to take action under Section 53 of the Maharashtra Regional and Town Planning Act against the illegal construction alleged to have been undertaken by the respondent nos.2, 4 and 5. Shri Kaptan, learned Counsel for the respondent no.1, states that notice under Section 53 2 of the Maharashtra Regional and Town Planning Act has already been issued to respondent nos. 2, 4 and 5. However, respondent nos.2, 4 and 5 have filed suit and the matter is subjudice before the Civil Court. In the backdrop of the above referred facts, particularly since the Civil Court is seized of the matter, we are not inclined to show indulgence in the petition. The petition is disposed of accordingly. JUDGE JUDGE khj 3