SANJAY G KHEMUKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE made returnable forthwith by consent of the parties. Heard learned counsel for the parties.

(2.) DR. Sanjay G. Khemuka. Petitioner in writ Petition No. 4278 of 2003, has filed the present writ petition challenging the Notice. dated 3rd October, 2003, issued by Respondent No. 3-Sub-Divisional Officer, requiring the Petitioner to stop the alleged unauthorized user of Apartment No. 005-A of Vinayak Apartments, Dhantoli, Nagpur. by discontinuing the X-ray Clinic.

(3.) MR. Deshpande. the learned Senior counsel, states that Dr. Sanjay has purchased the above mentioned apartment in the year 1989. The Development Engineer of Respondent No. 2-Corporation. by a communication, dated 12/12/1989, granted consent certificate to the Petitioner to start X-ray Clinic in the above mentioned apartment. The petitioner, pursuant to the above consent certificate started the X-ray clinic in the apartment in the year 1989 and since then till this date. Dr. Sanjay is running the said X-ray Clinic. Mr. Deshpande, the learned Senior Counsel, states that writ petition No. 1119 of 1996 as well as Writ petition No. 1909 of 1997 were filed before this Court by Mr. Vinayak Wasudeo Updeo and Smt. Prabha Shrikrishna Ghule, both residents of Vinayak Apartments, Nagpur, against the City of Nagpur Corporation, Dr. Vinod Gandhi and two others as well as the present petitioner Dr. Sanjay and Respondent Nos. 1 and 2 in the present writ petition no. 4278 of 2003, and others, respectively. The prayers made by the petitioners in the said writ petitions were as follows :