Nagpur: In a significant development in the ongoing dispute over the renowned Sitabuldi-based Shankar Bhojanalay, the Nagpur Bench of the High Court has granted the petitioner a final opportunity to appeal against the notice issued by the Tehsildar on May 13, 2025. While hearing the petition filed by the current operator, Mayur Harish Vasvani, the court directed him to approach the appellate authority within 10 days.
The High Court also clarified that if the petitioner fails to file an appeal within the stipulated time, the interim stay on the seizure of goods from the Bhojanalay, as directed by the Tehsildar, will stand vacated.
During the hearing, the court expressed displeasure over the fact that the petitioner had sought more time instead of directly appealing the Tehsildar’s order, despite being given ample opportunity to do so earlier. The court emphasized that this is the final chance to seek relief.
The petition also challenged an ex parte order passed by the Controlling Authority under the Payment of Gratuity Act, 1972, on February 27, 2023, and sought its cancellation.
Ownership transfer and lack of information
The petitioner’s counsel argued that until 2024, Shankar Bhojanalay was operated by Naresh Lalchand Khushlani. The ownership was recently transferred to Mayur Harish Vasvani, who was unaware of the February 2023 order due to this change in ownership.
Meanwhile, the Assistant Government Pleader representing the Tehsildar and Revenue Officer of the Sitabuldi Circle opposed the petitioner’s arguments, stating that effective alternative remedies exist under Section 18 of the Payment of Gratuity Act, which could have been availed.
The petitioner’s lawyer also submitted before the court that his client is ready to approach the appellate authority but is concerned that the Tehsildar may seize items from the Bhojanalay in the interim, which would adversely impact the business.
Taking note of the concern, the High Court ordered that the petitioner be granted 10 days to file the appeal. The court also stayed the effect and execution of the May 13 notice until the statutory appeal is filed.