31.WP3872.2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3872 OF 2021 WITH CONTEMPT PETITION NO. 251 OF 2022 CONTEMPT PETITION NO. 263 OF 2022 Kamlakar Shankar Pawar & Anr. ...Petitioners. Vs. Municipal Corporation, City Of Malegaon & Ors. ...Respondents. WITH INTERIM APPLICATION NO. 17506 OF 2022 IN WRIT PETITION NO. 3872 OF 2021 Subhashchandra Ratilal Petrol Pump. ...Applicant.. Vs. Kamlakar Shankar Pawar & Anr. ...Respondents. ----------------- Mr. Sachin Dhakephalkar, Advocate for Petitioners. Mr. A.V. Hardas i/b. Mr. S.S. Patwardhan, Advocate for Respondent- Malegaon Municipal Corporation. Mr. Alankar Kirpekar i/b. & a/w. Mr. Sanjay P. Shinde, Advocate for Respondent No. 12. Mr. N.C. Walimbe, Addl. G.P. with Smt. R.A. Salunkhe, AGP for Respondent/State. ----------------- CORAM : M.S. KARNIK, AND S.M. MODAK, JJ. DATED : 17th JUNE, 2026 P.C.:- 1. Heard the learned Counsel for the Petitioner. 2. The Corporation has issued notice dated 2/4/2019 which is at page 54 of the paper book. Already an order was passed that this notice Talwalkar 1 ARUNA SANDEEP TALWALKAR Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2026.06.18 15:29:51 +0530 31.WP3872.2021.odt has to be taken to its logical conclusion and action has to be taken on the basis of such notice. If any of the offending structures are unauthorised as mentioned in the notice, the Corporation is bound to take action against such structures. We direct the Corporation to take action against such structures within a period of 8 weeks from today. If there is any failure on the part of Corporation to comply with the notice dated 2.4.2019, it is open for the Petitioner to file appropriate proceedings for the breach of the orders passed. The Corporation is bound to take action and take the notice to its logical conclusion if there is no legal impediments in doing so. 3. The Writ Petition is disposed of. 4. In view of above order, we need not entertain the Contempt Petitions. Obviously, it is for the Respondent No. 12 to seek his remedies in respect of above said notice in accordance with law. Contempt Petitions are disposed of. 5. In view of disposal of the Writ Petition, Interim Application is disposed. [S.M. MODAK, J.] [M.S. KARNIK, J.] Talwalkar 2