Prabhakar S/O Ganbaji Kale vs State Of Maharashtra, Thr. Secretary, ...
2024 Latest Caselaw 1176 Bom

Bombay High Court

Prabhakar S/O Ganbaji Kale vs State Of Maharashtra, Thr. Secretary, ... on 17 January, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

                1                                                                 PIL 21.19.odt

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

                             Public Interest Litigation No.21/2019
                            (Prabhakar V State of Maharashtra and others)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. R.l. Khapre, Senior Advocate a/b Mr. G.S. Kidambi for the petitioner. Mr. Ghogre, AGP for respondent nos. 1 to 3 and 8. Mr. N.R. Saboo, Advocate for respondent no.4. Mr. K.P. Mahalle, Advocate for respondent no.5. Mr. A.A. De, Advocate for respondent no.21. Mr. M.A. Sable, Advocate for respondent no.6. Mr. D.M. Kale, Advocate for respondent no.10.

CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 17-01-2024.

We have heard learned Senior Counsel appearing

for the petitioner.

2. The nature of challenge is the authority given to a

private contractor to assess the property tax payable and

recoverable from the owners/occupants within the Municipal

area.

3. The issue as regards such right to be conferred on

a private constrictor to permit such assessment on behalf of

the Municipal Council is informed to be subjudiced in Special

Leave Petition (SLP) preferred against the judgment of the

Division Bench of this Court in the matter of Sandeep

Inderchand Gandhi and others vs State of Maharashtra

and others, reported in 2015(3) M.L.J. 925.

4. Learned Senior Counsel would invite our attention

to the fact that, for the time being, he is not questioning the

said issue i.e. the issue which is subjudiced before the Hon'ble 2 PIL 21.19.odt

Apex Court as such he be permitted to argue the Public

Interest Litigation on other legal issues which are involved in

the matter.

5. So as to appreciate the aforesaid claim of the

petitioner, this Court is of the view that, this Court must look

into the copy of the SLP so as to ascertain the grounds and

challenge raised therein.

6. Learned Senior Counsel assures that within four

weeks the copy of the SLP shall be produced on record.

7. Stand over to 14-02-2024.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J.)

Deshmukh

Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 17/01/2024 17:40:17