Gajanan Urf Bunty Rushiji Juware ... vs State Of Maharashtra, Through ...
2021 Latest Caselaw 5574 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH AT NAGPUR

                               WRIT PETITION NO. 1458 OF 2021


     PETITIONERS: 1. Gajanan urf Bunty Rushiji Juware,
                     aged about 40 years, Municipal Councillor,
                     Municipal Council, Pandharkawada,
                     Tq. Kelapur, Dist. Yavatmal

                               2. Vijaya Kisan Rode,
                                  aged about 54 years, R/o. Pandharkawada,
                                  Tq. Kelapur, Dist. Yavatmal.

                               3. Rita Umashankar Kanoje,
                                  aged about 33 years, Municipal Councillor,
                                  Municipal Council, Pandharkawada,
                                  Tq. Kelapur, Dist. Yavatmal.

                                         ...VERSUS...

     RESPONDENTS:                1. State of Maharashtra, through its Secretary,

Urban Development Department, Mantralaya, Mumbai.

2. Divisional Commissioner, Amravati.

3. Collector, Yavatmal,

4. Municipal Council, Pandharkawada, through its Chief Officer at Pandharkawda, Tq. Kelapur, Dist. Yavatmal

5. Vaishali Abhinav Nahate, Aged adult, President, Municipal Council, Pandharkawada, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal

6. Sarfarajuddin Aynoddin Kazi,

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Aged adult, Vice-President, Municipal Council, Pandharkawada, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal

7. Mangala Ravindra Sidam Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

8. Subhash Karnuji Darne, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

9. Pushpalata Marotrao Payghan, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

10. Jaya Sunil Jadhav, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

11. Shankar Narayan Kunghadkar, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

12. Meena Pradeep Burande, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

13. Yogesh Madhav Karnewar, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

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14. Samiksha Amar Chotpelliwar, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

15. Raju Nagannath Wanjari, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

16. Mohammad Ali Bailim Hajrabi, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

17. Pavan Vitthal Kudmate, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

18. Safiya Begum Shabbir Mohammad, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

19. Usha Balkisan Atram, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

20. Yuswuf Sharif Rahim Sharif, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

21. Rajesh Ashok Khera, Aged Major, Municipal Councillor, Municipal Council, Pandharkawada, Tq. Kelapur, Dist. Yavatmal

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22. Rohit Bolenwar, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

23. Anil Borele, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

24. Vaibhav Jiddewar, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

25. Sanjaykumar Jagtap, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

26. Piyush Gandhewar, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

27. Vikas Bhaurao Deshattiwar, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

28. Pradeep Agrawal, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

29. Shriram Construction, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

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30. Shaherish Siddiqui, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

31. R.V.Umbarkar, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

32. Praveen Tote, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

33. Mandar Ware, Aged Major, Occ. Business, R/o. Pandharkawda, Tq. Kelapur, Dist. Yavatmal.

34. Kaleshwar Mazoor Kamgar Sahakari Sanstha, Kaleshwar, Dist. Yavatmal.

35. Adarsha Mazoor Kamgar Sahakari Sanstha, Pandharkawda, Dist. Yavatmal.

36. Maa Jijau Mazoor Kamgar Sahakari Sanstha, Kapra, Dist. Yavatmal.

37. Vasantrao Naik Mazoor Kamgar Sahakari Sanstha, Pimpri, Dist. Yavatmal.

38. Jai Bajrang Mazoor Kamgar Sahakari Sanstha, Rudha, Dist. Yavatmal.

39. Tundeshwar Bajrang Mazoor Kamgar Sahakari Sanstha, Rudha, Dist. Yavatmal.

40. Panchasheel Mazoor Kamgar Sahakari Sanstha, Umarsara, Dist. Yavatmal.

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41. Sant Istari Mazoor Kamgar Sahakari Sanstha, Pandharkawada, Dist. Yavatmal.

42. Lions Mazoor Kamgar Sahakari Sanstha, Rudha, Dist. Yavatmal.

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Shri C.B.Dharmadhikari, Advocate for petitioners Shri A.S.Fulzele, Addl. GP for respondent nos.1 to 3 Shri F.T.Mirza, Advocate for Respondent No.4

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CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATE : 24/03/2021.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.)

1] Heard learned counsel for the petitioners and learned

Additional Government Pleader for respondent Nos. 1 to 3 and Shri

Mirza, learned counsel for respondent No.4, both of whom appear by

waiving notice for respective respondents.

2] There is no need to issue notice to the rest of the

respondents, as this petition can be disposed of by granting the

alternate prayer which is limited in its nature.

3] Accordingly, the petition is finally heard by issuing Rule.

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4] It appears that three applications filed under Section 308

of the Maharashtra Municipal Councils, Nagar Panchayats and

Industrial Township Act, 1965, are pending with respondent No.3 for

its decision thereon. According to the learned counsel for the

petitioners, two applications have been filed on 18.01.2021 and one

application has been filed on 27.01.2021.

5] Shri Mirza, learned counsel appearing for respondent

No.4 submits at this juncture that even these applications filed under

Section 308 of the said Act are not maintainable before respondent

No.3.

6] According to us, such an objection can always be raised

by respondent No.4 before respondent No.3. Accordingly, we direct

respondent No.3 to hear and decide the applications dated

18.01.2021 and 27.01.2021 filed under Section 308 of the said Act

within a period of four weeks from the date of appearance of the

parties before him.

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7] The parties to appear before the learned Collector,

Yavatmal, physically or virtually, as the case may be, on 31.03.2021.

8] The parties are at liberty to make their submissions and

also raise objection, if any, in accordance with law, before respondent

No.3 and the same shall be considered in accordance with law within

the stipulated period of time.

9] Rule accordingly. No costs.

                       JUDGE                                            JUDGE

     Rvjalit