1 W.P.1552.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1552 OF 2010 Pradeep S/o GangaramGhanekar ...PETITIONER. VERSUS The Municipal Corporation Through its Commissioner. ...RESPONDENT. ... Shri.A.I.Deshmukh,Advocate for petitioner. Shri.A.V.Joshi,Advocate holding for Shri.P.R.Patil,Advocate for Respondent. ... CORAM: A.V.NIRGUDE, J. DATE : 23RD MARCH, 2011. PER COURT : 1. Heard. 2. This petition is filed on 18th January, 2010. It takes exception to the Judgments and orders passed by the learned Ad-hoc District Judge, Jalgaon and the learned Civil Judge Senior Division, Jalgaon, passed in January and November, 2006. There is, thus, admittedly, enormous delay in filing of the Writ Petition. The delay is not properly explained, and therefore, the petitioner is guilty of the latches and the petition cannot be entertained. On merits case was quite strong. 2 W.P.1552.10 The facts are almost admitted, the petitioner is pan shop owner, he had erected temporary pan shop structure on/or abutting to Municipal road in Jalgaon city. In April, 2005 he was threatened of demolition of shop, so on 12.04.2005 he filed suit and also filed an application for temporary injunction. 3. The Court issued notice to the respondent- Municipal Council on the same day, and the notice was served upon respondent on 13th April, 2005. But before, the Court to begin the work at 11.00 a.m. On 15.04.2005, the Municipal Corporation staff demolished the shop, in morning hours. The petitioner went before the Court and filed another application seeking restoration of Status-quo that existed on the date of filing of the suit. Respondent opposed the application justifying their action on the ground that the petitioner was an encroacher. The petitioner’s application unfortunately was rejected at trial Court stage on 07th January, 2006. Sooner, the petitioner filed Misc. Civil Appeal against the said order on 08th February, 2006. The appeal was filed quite within time. But the learned District Judge had also dismissed the Appeal on merits on 01th November, 2006. Again this order was also quite unfortunate. 4. According to him, he started to collect funds 3 W.P.1552.10 to reach this Court, and filed this petition on 18th January, 2010. As said above, the petitioner is guilty of latches and delay in filing Writ Petition, and the delay is really gross and un- condonable. Even though, facts support his contentions in the petition, the petition cannot be entertained due to delay. The Writ Petition stands dismissed. Sd/- [ A.V.NIRGUDE, J.] MTK