Disposed

Bhimrao Bapurao Atigre v. State of Maharashtra through Dept. of Urban Development and Ors.

Bombay HC4 Jul 2016WP/7551/2016

Case brief

AI extract

What is this about?

In this urgent writ petition, the petitioner sought a direction to the Collector to decide a pending application under Section 308 of the Maharashtra Municipal Councils Act. The court, without commenting on merits, directed the authority to decide the matter within three months and disposed of the petition.

What did the court decide?

Direction to Collector, Kolhapur to consider application dated 22.9.2015 under Section 308 of the Maharashtra Municipal Councils Act, 1965 and decide within three months.

Bhimrao Bapurao Atigre Vs State of Maharashtra… — Writ and Judicial Review | Bombay HC (2016)

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11.wp 7551.16.doc

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Urmila Ingale

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 7551 OF 2016

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Bhimrao Bapurao Atigre .. Petitioner Vs. State of Maharashtra and ors. .. Respondents

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Mr.Dhairyasheel Sutar, for the Petitioner. Mr.A.I.Patel, AGP for State.

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CORAM : SHANTANU.S.KEMKAR &

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M.S.KARNIK, JJ. DATE : 04^st JULY , 2016

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P.C. :

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. Matter is not on board. In view of the urgency,

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taken on production board and heard forthwith.

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Through this Petition, the petitioner is seeking

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various reliefs, however, at this stage, learned Counsel for the

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petitioner submits that the petitioner is pressing only prayer clause (a) which reads thus :

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“This Hon'ble Court be pleased to call for relevant record and proceedings from the office of respondents and after going through the legality, validity and propriety of the same direct respondent no.3 to hear and decide application dtd. 22.9.2015 submitted by the petitioner u/s. 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 within stipulated period; for that purpose issue appropriate Writ and/or order.”

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11.wp 7551.16.doc

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According to the petitioner in regard to the aforesaid

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prayer clause (a), he had submitted a representation invoking the provisions of Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 before respondent No.3. - Collector, Kolhapur. However, the petitioner's application has not been decided by the Collector yet.

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Without commenting upon the merits of the matter,

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in view of the submission made by the petitioner, we are inclined to dispose of the Petition by directing the Collector, Kolhapur to consider and take appropriate decision on the petitioner's application dated 22/09/2015 annexture Exhibit 'G' as expeditiously as possible but not later than 3 months from the date of receipt of copy of this Petition.

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In regard to the other reliefs claimed in the Petition,

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it is open for the petitioner to seek appropriate remedy in accordance with law.

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Petition is disposed of.

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( M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.)

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Bhimrao Bapurao Atigre v. State of Maharashtra through Dept. of Urban Development and Ors.

Case brief

What is this about?

What did the court decide?

Bhimrao Bapurao Atigre v. State of Maharashtra through Dept. of Urban Development and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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