Bombay High Court
Mohammad Hisham Osmani S/O ... vs The Union Of India, Ministry Of ... on 27 February, 2023
Bench: Sandeep V. Marne
Megha 63_wp_1185_23 wi pil_93,110,173_22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1185 OF 2023
Mohammad Hisham Osmani S/o
Mohammad Yusuf Osmani and Anr. ...Petitioners
Versus
The Union of India and Ors. ...Respondents
WITH
PUBLIC INTEREST LITIGATION NO.93 OF 2022
WITH
INTERIM APPLICATION NO.1276 OF 2023
AND
INTERIM APPLICATION NO.17531 OF 2022
IN
PUBLIC INTEREST LITIGATION NO.93 OF 2022
Mohammad Mushtaq Ahmed S/o
Mohammad Yusuf and Ors. ...Petitioners
Versus
The Union of India and Ors. ...Respondents
WITH
PUBLIC INTEREST LITIGATION NO.173 OF 2022
Shaikh Masud Ismail Shaikh and Ors.
...Petitioners
Versus
The Union of India and Ors. ...Respondents
WITH
PUBLIC INTEREST LITIGATION NO.110 OF 2022
Khalil S/o. Saif Sayyad ...Petitioner
Versus
The Union of India and Ors. ...Respondents
...
Mr. S.S. Kazi with Mr. M.N. Shaikh for the Petitioner in
WP/1185/2023.
Mr. Y.H. Muchhala, Senior Advocate with Mr. Sagheer A. Khan, Mr.
1/6
Megha 63_wp_1185_23 wi pil_93,110,173_22.doc
Nawaz Haindday, Mr. G.D. Shaikh and Mr. Amaan Khan i/b. M/s.
Judicature Law Associates for the Petitioner in PIL/93/2022.
Ms Pradnya Talekar and Ms Madhavi Ayyappan i/b. M/s. Talekar and
Associates for the Petitioner in PIL/173/2022.
Mr. Khalil s/o. Mr. Saif Sayyad for the Petitioner in PIL/110/2022.
Mr. Anil Singh, ASG with Ms Savita Sadanand and Mr. Pranav Thakur
for Union of India.
Ms Aditi S. Naikare for Respondent No.4(Aurangabad Municipal
Corporation).
Dr. Birendra Saraf, AG with Mr. P.P. Kakade, GP with Mrs. R.A.
Salunkhe, AGP for Respondent-State.
CORAM: S.V. GANGAPURWALA, ACJ &
SANDEEP V. MARNE, J.
DATED: FEBRUARY 27, 2023.
P. C. :-
1. We have heard Mr. Muchhala, learned senior advocate in
PIL No.93 of 2022 and Mr. Kazi, learned Advocate for the Petitioner in
Writ Petition No.1185 of 2023. Under these Writ Petition and the PIL,
the Petitioners challenge the resolution passed by the Municipal
Corporation by virtue of which it was resolved to change the name of
Aurangabad city.
2. In PIL Nos.173 of 2022 and 110 of 2022, the challenge is to
the recommendation towards changing the name of Osmanabad city.
3. The matter had come up on the last date. Matter was
Megha 63_wp_1185_23 wi pil_93,110,173_22.doc
adjourned to 27/02/2023 at the request of learned Government
Pleader.
4. The Notification has been issued by the State Government
on 24/02/2023 changing the name of Aurangabad city and Osmanabad
city to 'Chatrapati Sambhaji Nagar' and 'Dharashiv', respectively.
5. The amendment application is filed in PIL No.173 of 2022
seeking to challenge the Notification dated 24/02/2023 changing the
name of Osmanabad city to Dharashiv.
6. The amendment application is tendered in PIL No.173 of
2022 across the Bar.
7. We have heard Ms Talekar, learned counsel for the
Petitioner in PIL No.173 of 2022 and Mr. Saraf, learned Advocate
General.
8. The Notification is certainly a subsequent event. Learned
Advocate General raises preliminary objection of the territorial
jurisdiction of this Court to entertain the PIL and the Writ Petition.
Same can be dealt with in the PIL and the Writ Petition on its own
Megha 63_wp_1185_23 wi pil_93,110,173_22.doc
merits. As the Notification is subsequent to filing of the PIL, we allow
the amendment. The Petitioners may amend the PIL accordingly
within seven days and serve a copy of the amended petition upon the
Respondents. The objections filed by the Respondents about territorial
jurisdiction are kept open.
9. Mr. Muchhala, learned senior Advocate in PIL No.93 of
2022, Mr. Kazi, learned Advocate for the Petitioners in Writ Petition
No.1185 of 2023 and party in-person in PIL No.110 of 2022 seek leave
to amend and assail the Notification dated 24/02/2023 issued by the
State Government and the letter of the Central Government.
10. We have heard the learned Advocate General and learned
Additional Solicitor General for the Respondents. Keeping the point of
objections of the Respondents regarding territorial jurisdiction, leave is
granted to the Petitioners to amend the petitions and assail the
Notification dated 24/02/2023 and the letter of the Central
Government. Amendment to be carried out within seven days from
today.
11. Mr. Muchhala, learned senior Advocate and the learned
Megha 63_wp_1185_23 wi pil_93,110,173_22.doc
Advocates for the Petitioners submit that the Notification is issued in
gross violation of the statutory provisions such as non adherence to
Section 4 of the Maharashtra Land Revenue Code. The cabinet decision
of the State Government is in violation of Article 164(1-A) of the
Constitution of India. The earlier Notification was rescinded in the year
2001 and again same Notification is issued though there is no power of
review. It is further submitted that the resolution of the Corporation in
case of Aurangabad city is different than the notification of the State
Government. Learned counsel for the Petitioners submit that the
Notification may not be implemented. Reliance is placed on the
decision of the Division Bench in Mohd. Mustaq Ahemad vs. State of
Maharashtra, 1996 (1) Mh.L.J. 589.
12. Dr. Saraf, learned Advocate General submits that aforesaid
judgment was in the context of change of revenue division. In the
present case for change of revenue division of Maharashtra, Section 4 is
resorted to. Objections are invited from the public for the change of
name of revenue divisions of Aurangabad and Osmanabad and
objections are invited upto 27/03/2023.
13. Needless to state that till 27/03/2023 there cannot be a
Megha 63_wp_1185_23 wi pil_93,110,173_22.doc
change of name of revenue divisions. Official names of the Aurangabad
and Osmanabad city have already been changed and the said change
has taken effect. Nonetheless, the Petition would not become
infructuous. Legality of Notification can always be decided in the writ
petition. In view of that we propose to fix the writ petition for final
disposal and would endeavour to dispose of the writ petition finally at
the stage of admission. We have already directed that amendments be
carried out within seven days and the copy of the same shall be served
upon the Respondents by 06/03/2023. The Respondents may file their
affidavit-in-reply to the main petition including the amendment, on or
before 24/03/2023.
14. Place the matter on 27/03/2023.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
Digitally signed
MEGHA by MEGHA S
PARAB
S Date:
2023.03.02
PARAB 14:39:41
+0530
