Shri Ramdeobaba Sarwajanik ... vs The City Of Nagpur Municipal ...
2023 Latest Caselaw 764 Bom

                              MCA-72-23.odt                                                     1



                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                                        NAGPUR BENCH : NAGPUR.
                                              MISC. CIVIL APPLICATION NO. 72 OF 2023(REVIEW) IN
                                                      WRIT PETITION NO. 5194 OF 2009(D)
                                           Ramdeobaba Sarwajanik Samiti, Nagpur trust through Secretary and ors.
                                                                           vs.
                                                  The City of Municipal Corporation, Nagpur and others.
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                              Office Notes, Office Memoranda of                                                 Court's or Judge's Order
                              Coram, appearances, Court's Orders
                               or directions and Registrar's order
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                                            Shri M.G.Bhangde, Senior Advocate a/b Shri S.V.Purohit, Advocate for applicants.

                                            CORAM :- A.S.CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE :- JANUARY 20, 2023.

The learned Senior Advocate for the applicants submits that a contention was urged in the writ petition that the difference in the rate of water of Rs.20/- per unit for institutions receiving aid and Rs.100/- per unit for institutions not receiving aid had no nexus for the reason that similar services were being imparted at both the category of institutions. Though reference to that contention has been made in paragraph 6 of the judgment, it is urged that the same has not been considered. Reliance is placed on the decisions in Morarjee Gokuldas Spinning and Weaving Company Ltd., Mumbai and anr. vs. State of Maharashtra and anr. [2010(4) Mh.L.j.69] and Dhunjibhoy Ice Factory Pvt. Ltd., Mumbai and anr. vs. Municipal Corporation of Gr. Mumbai(MMC) and ors. [2011(6) Mh.L.J. 708] in that regard.

Issue notice to the non-applicants, returnable on 3rd February, 2023.

Shri J.B.Kasat, learned counsel waives service of notice on behalf of the non-applicant no.1 and Shri Amit Madiwale, learned Assistant Government Pleader waives service of notice for the non-applicant no.2.

Interim order dated 08.02.2012 that was continued on 23.12.2022 is continued till the returnable date.

Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date:

20.01.2023 19:01 (URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) Andurkar..