Anil Laxman Kate vs The Bombay Municipal Corporation ...
2021 Latest Caselaw 4521 Bom

                                                                        12-WP-3123-19.doc

             Sharayu Khot.
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            ORDINARY ORIGINAL CIVIL JURISDICTION

                                   WRIT PETITION NO. 3123 OF 2019


                  Anil Laxman Kate                                     ...Petitioner

                         Versus

                  The Bombay Municipal Corporation & Ors. ...Respondents

                                                 ----------
                  Mr. A.H. Fatangare for the Petitioner.
                  Ms. Madhavi Tavanandi,              Ms.     Rupali    Adhate    for     the
                  Respondents-MCGM.
                  Mr. Sanjay Naik, Administrative Offcer, Licence Department
                  present.
                                                 ----------

                                                 CORAM :          K.K. TATED &
                                                                  R.I. CHAGLA, JJ.

                                                DATE          :   11 March 2021

                  ORDER :

1. Heard the learned Counsel for parties.

Sharayu P. Khot

2. By this Petition under Article 226 of the

Digitally signed by Sharayu P.

Constitution of India, the Petitioner is challenging the order Khot Date:

2021.03.17 15:03:53 +0530 dated 13th November 2017 passed by the Respondents as per

Section 83(3) of Municipal Corporation Act, 1999 withholding

12-WP-3123-19.doc

the Petitioner's two years increment on the basis of the report

submitted by the Enquiry Offcer.

3. Learned Counsel Mr. Fatangare appearing for the

Petitioner submits that the impugned order passed by the

Respondents dated 13th November 2017 is required to be set

aside only on the ground that there is no reasoned order. In

support of his contention, he placed on record the judgment of

this Court (Coram: D.K. Deshmukh and R.Y. Ganoo, JJ) in case

of Bhagwan Mahadeo Sathe Vs. The Bombay Municipal

Corporation & Ors.1.

4. Considering the submissions made by the learned

Counsel for the Petitioner and the impugned order dated 13th

November 2017, we are satisfed that the Petitioner has made

out a case for admission. There is no question of granting any

ad-interim relief in the present case at present. Hence, the

following order.

(i) Admit.

1 Writ Petition No. 2335 of 2011 dated 7th February 2012

12-WP-3123-19.doc

(ii) Hearing of the Writ Petition is expedited.

(iii) Learned Counsel Ms. Tavanandi waives service for the

Respondents.

(iv) Registry is directed to place this matter for hearing on

weekly board as per its turn in the list of expedited

matters.

[R.I. CHAGLA J.] [K.K. TATED, J.]