1712lpa517.11 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LPA NO. 517/2011 IN WRIT PETITION NO. 1558 OF 2011 (Smt. Sushma w/o Sunil Shilam vs. vs. The Collector, Nagpur & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. DECEMBER 17, 2011. Heard Shri Tiwari, learned counsel for the appellant/ petitioner, Shri Thakare, learned AGP for respondent No. 1 and Shri Dhatrak, learned counsel for respondent No. 3. The appellant is objecting to installation of a printing press in his neighbourhood. The Chief Executive Officer, Municipal Council, Kamptee, granted that permission and the petitioner approached against it under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Township Act, 1965, before the Collector. The challenge was negated and hence the petitioner approached the learned Single Judge. The learned Single Judge found that prohibition contained in standardized building bye-laws for B & C class Municipal Councils envisaged conventional printing press and did not bar setting up of offset printing press. Shri Tiwari, learned counsel for the petitioner 1712lpa517.11 2/2 contends that when bye-laws did not make such a distinction, the learned Single Judge could not have, for the first time, attempted to make it. The respective learned counsel appearing for the respondents support the order. They point out that the remedy under Section 308 of the Act is available only for limited purpose. We find that the learned Single Judge has attempted to classify offset printing press under Entry No. XXXIV in Appendix G, Part G-2 dealing with residential zone R-2. Looking to the nature of challenge involved, we find that a more detailed scrutiny is required and that scrutiny has not taken place in this case. With liberty to the petitioner to raise challenge before the appropriate forum in accordance with law and with clarification that observations made by the Collector and the learned Single Judge shall not come in his way while attempting to demonstrate his grievance, we dispose of the present Letters Patent Appeal. No order as to costs. JUDGE JUDGE *GS.