Nandkishor Laxminarayan ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 6134 Bom

                                            (1)                    907 wp 4302.19

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                         907 WRIT PETITION NO.4302 OF 2019

           NANDKISHOR LAXMINARAYAN TOSHNIWAL AND OTHERS
                               VERSUS
                  STATE OF MAHARASHTRA AND OTHERS

                                        ...
               Advocate for Petitioners : Mr. Deshmukh Sachin S.
                AGP for Respondents/State : Mrs. V.S. Choudhari
           Advocate for Respondents : Mr. Swapnil S. Patunkar for R/3
                                        ...

                                     CORAM :      UJJAL BHUYAN &
                                                  M.G. SEWLIKAR, JJ.

                                     DATE     :   06.04.2021

P.C. :-

                Heard learned counsel for the parties.

2. Issue raised in this petition is whether a Municipal Council can

delegate its functions of assessment and recovery of municipal taxes to a

private agency.

3. A Division Bench of this Court in the case of Sandeep Inderchand

Gandhi V/s. State of Maharashtra; 2015 (2) ALL MR 628 has held that the

same cannot be done and has set aside the agreement entered into by the

concerned Municipal Council with the private agency. However this order has

been challenged before the Supreme Court in S.L.P. No. 3141 of 2015 and by

(2) 907 wp 4302.19

order dated 06.02.2015, Supreme Court had issued notice and had stayed the

operation of the judgment and order in Sandeep Inderchand Gandhi (supra).

4. Learned counsel for the petitioners submits what has been stayed

by the Supreme Court is the operation of the judgment and order without

staying the judgment per se and that following the decision in Sandeep

Inderchand Gandhi (supra), the Nagpur Bench of this Court in the case of

Shekhar Bhagwandas Nagpal V/s. State of Maharashtra, Writ Petition No.2392

of 2017 decided on 03.07.2019, has also taken a view similar to the one in

Sandeep Inderchand Gandhi (supra).

5. During the hearing learned counsel for respondent no.3 has

informed the Court that this decision of Nagpur Bench in Shekhar

Bhagwandas Nagpal (supra) has also been stayed by the Supreme Court.

6. On due consideration, we are of the view that it would be more

appropriate to await the decision of the Supreme Court.

7. Parties are at liberty to mention as and when such decision is

rendered.

      [M.G. SEWLIKAR, J.]                                 [UJJAL BHUYAN, J.]

mub