ANIL BRIJMOHAN TIWARI Vs. ESTATE MANAGER NAGPUR

JUDGEMENT

(1.) HEARD Shri A.K. Choube, the learned Advocate for the petitioner, Shri H.N. Verma, the learned Advocate for the respondent Nos. 1 and 2 and Shri M.S. Sharma, the learned Advocate for the respondent No. 3. Rule. Rule made returnable forthwith.

(2.) THE petitioner has challenged the decision of the Estate Manager, Nagpur Housing and Area Development Board, Nagpur by which he has cancelled the regularization of the tenement which was granted in favour of the petitioner. The Estate Manager has directed that further action be taken as per Section 66(1)(ii), (iv) and (v) and under Section 66(1)(a), (ii) and (iv) of the Maharashtra Housing and Area Development Act, 1976 (herein after referred to as "MHADA Act") against the petitioner and the respondent No. 3. Shri Sharma, the learned Advocate for the respondent No. 3 has raised a preliminary objection to the maintainability of the writ petition on two grounds:

(3.) SHRI Choube, the learned Advocate for the petitioner submits that the cancellation of the authorization of the tenement of the petitioner is without any power and authority as the Estate Manager is not Competent Authority to take any action under Section 66 of the MHADA Act.