1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P.No.5926 of 2006 (Dr. Harish Makhanlal Saraf & Ors. vs. Chief Officer, Municipal Council & Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and Mrs. Vasanti A. Naik, JJ. DATE : February 01, 2008. Heard Mr.S.V.Bhutada, Adv. for the Petitioners and Mr.Jichkar, Assistant Government Pleader for the Respondent No.3. Counsel for the petitioners has submitted that, in the present case, petitioner is seeking direction to the respondents to remove encroachment on the road from Shivneri Square to Gajanan Society which connects the temple of Gajanan Maharaj at Shegaon. Mr.Jichkar, Assistant Government Pleader has submitted that, the respondent no.2 has filed reply, wherein it is stated that the jurisdiction to initiate action for removal of encroachment lies with the respondent no.1 and therefore, it will be the respondent no.1 who is empowered to do so. It is brought to the notice of this Court that, in spite of service to the respondent no.1, neither the respondent no.1 personally nor his lawyer is present today. In the circumstances, we dispose of the petition with a direction to the respondent no.1 2 to remove the encroachment, if any on the road in question by following due process of law, if the same is not already removed. The Registrar (Judicial) is directed to communicate our order to the respondent no.1 forthwith. JUDGE JUDGE ssj