Bombay High Court
Mohsin Khan Aziz Khan And Ors vs Union Of India Thr Its Secretary ... on 30 August, 2023
Bench: Shri Arif Doctor
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jvs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 173 OF 2022
Shaikh Masud Ismail Shaikh & Ors. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO.3616 OF 2023
Mukund Bhikaji Gadhe & Anr. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO.3607 OF 2023
Inamdar Sayyed Moinoddin & Anr. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO. 3294 OF 2023
Shaikh Hussain Patel & Anr. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO. 3892 OF 2023
Sayyad Anzaruddin s/o Sayyad
Viquaruddin Quadri & Anr. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO. 3881 OF 2023
Aleemuddin Ziauddin Shaikh & Ors. .. Petitioners
Versus
Union of India & Ors. .. Respondents
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WITH
WRIT PETITION NO. 3886 OF 2023
Fiza Mahebub Kazi & Anr. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO. 7011 OF 2023
Sayed Khalilullah Alias Mujahid
Hussaini & Ors. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO. 6996 OF 2023
Shaikh Sikandar Budhan & Anr. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO. 6997 OF 2023
Sarfaraz Yusuf Momin & Ors. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO. 6992 OF 2023
Shaikh Mohammed Taha Patel & Ors. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION ST. NO. 14807 OF 2023
Ainoddin Mahemud Sawar & Ors. .. Petitioners
Versus
Union of India & Ors. .. Respondents
2
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WITH
WRIT PETITION NO. 6990 OF 2023
Mohsin Khan Aziz Khan & Ors. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 93 OF 2022
WITH
INTERIM APPLICATION NO. 2672 OF 2023
AND
INTERIM APPLICATION NO. 17531 OF 2022
AND
INTERIM APPLICATION NO. 1276 OF 2023
Mohammed Mushtaq Ahmed s/o
Mohammed Yusuf & Ors. .. Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 110 OF 2022
Khalil S/o Saif Sayyed .. Petitioner
Versus
Union of India & Ors. .. Respondents
WITH
WRIT PETITION NO. 1185 OF 2023
WITH
INTERIM APPLICATION ST. NO. 14913 OF 2023
Mohammad Hisham Osmani S/o
Mohammad Yusuf Osmani & Anr. .. Petitioners
Versus
Union of India & Ors. .. Respondents
Mr. Satish Talekar, Kalyani Mangale i/by Talekar
& Associates for petitioners in PIL/173/2022.
Mr. Mihir Desai, Senior Advocate i/by Karim
Pathan, Shoeb shaikh for petitioners in
PIL/110/2022.
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Mr. Saeed S. Shaikh for petitioners in WP
Nos.3607/2023, 3892/2023, 3881/2023,
3886/2023, 7011/2023, 6996/2023,
6997/2023, 6992/2023, 6990/2023 and
WPST/14807/2023.
Mr. M. M. Choudhari for petitioners in
WP/3616/2023.
Mr. Ashwin Sawlani i/by Hassan Khan for
petitioners in WP/3294/2023.
Mr. Nawaz Haindaday a/w Anaan Khan i/by
Judicare Law Associate for petitioners in
PIL/93/2022.
Ms. Savita Ganoo a/w Mr. Pranav Thackur a/w
Mr. D. P. Singh for respondent/Union of India in
all the matters.
Dr. Birendra Saraf, Advocate General a/w Mr. P.
P. Kakade, Government Pleader a/w Mr. M. M.
Pabale, AGP and Mrs. R. A. Salunkhe, AGP for
State in all the matters.
Adv. Nazia Sheikh i/by Aditi Naikare for
respondent no.4 in PIL/173/2022 and for
respondent no.5 in WP/3607/2023
(Aurangabad Municipal Corporation).
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ.
& ARIF S. DOCTOR, J.
DATE: 30th AUGUST 2023
P.C.:
1. This batch of writ petitions challenge the impugned
action of the State of Maharashtra concerning change of name
of Aurangabad and Osmanabad cities and revenue areas (such
as District/Division/Sub-Division/Taluka/Villages).
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2. As far as the change of name of revenue areas is
concerned, the same is governed by the provisions contained
in section 4 of the Maharashtra Land Revenue Code, 1966
(hereafter referred to as "the Code", for short), which permits
the State Government to not only alter the limits of any
revenue area or abolish any such revenue area, but also to
name it. Sub-section (4) of section 4 of the Code provides
that every notification or order which is to be made under
sub-section (1) of section 4 shall be subject to the condition
of previous publication and the provisions of section 24 of the
Maharashtra General Clauses Act, 1904 (hereafter referred to
as "the Act of 1904", for short). Section 24 of the Act of 1904
provides that in case any Maharashtra Act gives a power to
make rules or by-laws and such power is subject to condition
of the rules or by-laws being made after previous publication,
then, the authority having the power to make the rules or by-
laws shall, before making the rules or by-laws, is required to
publish a draft of the proposed rules or by-laws for the
information of persons likely to be affected.
3. Learned Advocate General has stated that in terms of
the provisions of sub-section (4) of section 4 of the Code read
with section 24 of the Act of 1904, a draft notification has
been published on 24th February 2023 inviting objections,
from general public, to re-naming the revenue areas of
Aurangabad and Osmanabad. He has, thus, stated that since
the final notification has yet not been issued and in fact the
same is pending consideration of the State Government as per
the requirement of sub-section (4) of section 4 of the Code,
read with section 24 of the Act of 1904, challenge to the
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proposed re-naming of revenue areas, both at Aurangabad
and Osmanabad, is premature.
4. Learned Advocate General has already made a
statement before this Court, which finds recorded in our order
dated 20th April 2023 that before final notification is issued
under section 4(1) of the Code, the proposed names in
respect of revenue areas (District/Division/Sub-Division/
Taluka/Villages) will not be used in any manner by the
Government and its departments. He reiterates the said
statement today as well.
5. The fact that in respect of revenue areas, final
notification has yet not been issued under section 4(1) of the
Code and that the objection from the public invited vide
notification dated 24th February 2023 are still under
consideration of the State Government, could not be disputed
by the learned counsel for the petitioners.
6. In view of the aforesaid, we find that challenge to the
proposed re-naming of revenue areas of Aurangabad and
Osmanabad (District/Division/Sub-Division/Taluka/Villages) at
this stage is premature. Accordingly, the writ petitions in this
batch of petitions, where challenge has been made to the
proposed re-naming of the revenue areas District/
Division/Sub-Division/Taluka/ Villages) are hereby disposed of
as withdrawn with liberty to the petitioners to challenge the
final notification which may be issued, if the petitioners still
find themselves aggrieved.
7. In some of the writ petitions before us, prayers have
been made, both in respect of re-naming of revenue areas as
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also re-naming of the cities of Aurangabad and Osmanabad.
In such writ petitions, so far as the prayer relating to
proposed re-naming of revenue areas is concerned, such
prayer shall stand disposed of as withdrawn with liberty as
mentioned in the preceding paragraph of this order.
8. Thus, the challenge, however, to re-naming the cities of
Aurangabad and Osmanabad survives.
9. We have been informed that pleadings in this matter are
complete. Accordingly, stand over to 4th October 2023 at
2.30 p.m. for final hearing.
10. We request the parties to submit brief written
submissions along with compilation of documents and
judgments in the lead matter. However, if any of the parties
intend to supplement to it, they will be at liberty to do so.
11. Office objections, if any, shall be removed by the parties
before the next date.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
