Ku. Veena D/O Goverdhanrao Pagrut vs Akola Municipal Corporation, Thr. ...
2026 Latest Caselaw 273 Bom

Bombay High Court

Ku. Veena D/O Goverdhanrao Pagrut vs Akola Municipal Corporation, Thr. ... on 12 January, 2026

2026:BHC-NAG:550


                                                                       1                 21wp586.2023..odt

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

                                         WRIT PETITION NO. 586 OF 2023

                   Ku. Veena d/o Goverdhanrao Pagrut
                   Aged about 41 yrs, Occ. Service,
                   R/o "Shivarpan", H-10, New MAHADA
                   Colony, Ram Nagar, Ratanlal Plot,
                   Akola, Tq. and Dist. Akola                                             ....PETITIONER

                                                 ...V E R S U S...

                   Akola Municipal Corporation,
                   Through Municipal Commissioner,
                   Gandhi Road, Akola ,
                   Tah and Dist. Akola                                                 ...RESPONDENT
                   -------------------------------------------------------------------------------------------
                   Mr. P.K. Mohta, Advocate for petitioner
                   -------------------------------------------------------------------------------------------
                                  CORAM:- M.W. CHANDWANI, J.
                                  DATE :- 12.01.2026

                   ORAL JUDGMENT:

Heard learned counsel for petitioner.

2. Challenge is to the impugned order dated 3.8.2022, passed

by the learned 5th Civil Judge Senior Division, Akola, in Municipal

Appeal No. 17/2018.

3. The contention is that the Municipal Appeal has been

disposed of by the learned Civil Judge, in wake of disposal of Public

Interest Litigation No. 42/2018, dated 9.10.2019, wherein assessment

of the property tax done by the respondent - Akola Municipal

Corporation, for the period from years 2017-18 to years 2021-22 and 2 21wp586.2023..odt

the recovery in accordance with the same is quashed and set aside.

However, further the order in Public Interest Litigation No. 42/2018

came to be challenged before the Hon'ble Supreme Court. The Hon'ble

Supreme Court vide order dated 8.12.2025 has set aside the order

passed by this Court in the said Public Interest Litigation.

4. Since the Municipal Appeal came to be disposed of in wake of

decision in Public Interest Litigation 42/2018, and the order in Public

Interest Litigation 42/2018 has been set aside by the Hon'ble Supreme

Court in Civil Appeal No(s). 12488-12489 of 2024, dated 8.12.2025,

the order of the learned Civil Judge Senior Division, Akola disposing of

the Municipal Appeal on the basis of order in Public Interest Litigation

No. 42/2018 does not stand.

5. Considering the contentions raised, no notice is required to

be issued to the respondent - Akola Municipal Corporation in this

matter and the petition can be disposed of by directing the learned Civil

Judge, Senior Division, Akola to decide the Municipal Appeal on merit,

in light of the observation made by the Hon'ble Apex Court in the above

reported appeal, after issuing notice to the parties in the proceedings.

6. The petition is disposed of in the aforestated terms.

(M.W. CHANDWANI, J.) Belkhede PS