Disposed

Sunil Revansiddappa Utage and Another v. the State of Maharashtra and Others

Bombay HC15 Feb 2022WP/1598/2021

Case brief

AI extract

What is this about?

The High Court, Bench at Aurangabad, held that Writ Petition No. 1598 of 2021 regarding removal proceedings does not survive as the dispute is subsumed in WP No. 7224 of 2021 challenging the Minister's disqualification order. The Court directed assignment of WP No. 7224 to the appropriate Bench under Article 227.

What did the court decide?

Writ Petition No. 1598 of 2021 is disposed of; Writ Petition No. 7224 of 2021 is assigned to the appropriate Bench.

Sunil Revansiddappa Utage and Another… — Constitutional and Fundamental Rights | Bombay HC (2022)

¶1

928-WP-1598-21.odt

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

WRIT PETITION NO.1598 OF 2021

¶5

SUNIL REVANSIDDAPPA UTAGE AND ANOTHER

¶6

VERSUS

¶7

THE STATE OF MAHARASHTRA AND OTHERS

¶8

Senior Advocate for Petitioners : Mr. V. J. Dixit i/b. Mr. Sushant V. Dixit
AGP for Respondents No.1 and 2 -State : Mr. S. G. Karlekar
Advocate for Respondents No.3 and 4 : Mr. Sayyed Tauseef Vaseen

¶9

WITH

¶10

WRIT PETITION NO.7224 OF 2021

¶11

SUNIL REVANSIDDAPPA UTAGE AND ANOTHER VERSUS

¶12

THE STATE OF MAHARASHTRA AND OTHERS

¶13

Senior Advocate for Petitioners : Mr. V. J. Dixit i/b. Mr. Sushant V. Dixit AGP for Respondents No.1 and 2 -State : Mr. S. G. Karlekar Advocate for Respondent No.3 : Mr. Sayyed Tauseef Vaseen Advocate for Respondent No.4 : Mr. Ajit B. Kadethankar

¶14

CORAM :A. S. GADKARI AND
S. G. MEHARE, JJ.

¶15

DATE :15-02-2022

¶16

P. C. :-

¶17

1. Petitioners in Writ Petition No. 1598 of 2021 have challenged

¶18

Order dated 09.12.2020 passed by respondent No.2 (Page No. 97),

¶19

thereby disposing off the Appeal preferred by the petitioners.

¶20

928-WP-1598-21.odt

¶21

¶22

In the said Appeal, the petitioners had impugned Resolution
No. 2, dated 07.01.2019 passed in Special General Body Meeting of
respondent No.3 – Ausa Municipal Council.

¶23

Respondent No. 2 had disposed off the said Appeal on the
ground that, proceedings pertaining to removal of petitioners as
contemplated under Section 42 of the Maharashtra Municipal Councils
Nagar Panchayats and Industrial Townships Act, 1965 (for short, “the
said Act”) were pending before the Honourable Minister of respondent
No.1.

¶24

2.This Court, by its Order dated 4th February, 2021, passed in
present petition had permitted the respondent No.1 to proceed with
the said proceeding initiated under Sub-Section 1 of Section 42 of the
said Act. The Honourable Minister of Urban Development Department
of respondent No.1 has passed the Order dated 17th June, 2021, under
Section 42 of the said Act, thereby disqualifying the Petitioners for a
period of five years from being Members of the Municipal Council or
any other local authority. The said Order is impugned in Writ Petition
No. 7224 of 2021.

¶25

3.It is to be noted here that, the genesis of passing of the
impugned Order dated 17th June, 2021, is the resolution No.2, dated
07.01.2019 passed by respondent No.3 - Ausa Municipal Council.

¶26

As the ultimate result of the said proceedings has now

¶27

928-WP-1598-21.odt

¶28

¶29

culminated into Order dated 17th June, 2021, passed by the
Honourable Minister of the concerned Department, which is
challenged in Writ Petition No. 7224 of 2021, according to us, the
cause of action for filing Writ Petition No.1598 of 2021 as of today
does not survive. The petitioners have also raised grounds with respect
to the validity of resolution No.2 dated 07.01.2019 passed by the
respondent No.3 Ausa Municipal Council, in Writ Petition No. 7224 of
2021. It appears to us that, rather the said ground is bone of
contention on the part of the petitioners, who have assailed the Order
passed by the Honourable Minister.

¶30

In view of the above, Writ Petition No. 1598 of 2021 as on today
does not survive and is accordingly disposed off.

¶31

4.We however make it clear that, the petitioners are not precluded
from challenging their disqualification including the validity of
resolution No.2 dated 07.01.2019 passed by respondent No.3
Municipal Council, while assailing the Order dated 17th June, 2021,
passed by the concerned Honourable Minister which they have in fact
done in Writ Petition No. 7274 of 2021.

¶32

5.As far as Writ Petition No. 7224 of 2021 is concerned, the order
impugned herein is a quasi judicial Order passed by the Honourable
Minister of the concerned Department. In view of Rule 18 of Chapter –
XVII of the Bombay High Court (Appellate Side) Rules, 1960, prima

¶33

4 928-WP-1598-21.odt

¶34

facie it appears that, present Petition pertains to the assignment of
learned Single Judge exercising jurisdiction under Article 227 of the
Constitution of India.

¶35

6. In view thereof, the Registrar (Judicial) is directed to verify the Roaster and place the petition before the appropriate Bench.

¶36

The learned Advocate for the petitioners is permitted to assist
the Registrar (Judicial).

¶37

7. Liberty to circulate the Writ Petition No. 7224 of 2021 before appropriate Bench is granted.

¶38

( S. G. MEHARE ) ( A. S. GADKARI )
 JUDGE JUDGE

¶39

rrd

Sunil Revansiddappa Utage and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sunil Revansiddappa Utage and Another v. the State of Maharashtra and Others

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

Similar cases

Champalal Bherulal Jain Vs the Union of India and Others

Ram Narayandasji Mahasaheb Vs the State of Maharashtra and Others

Jitendra Somnath Mandlik Vs the State of Maharashtra and Others

Sangli Urban Co. Op Bank Ltd., Sangli through Its Recovery Officer Vs Surana Builders and Developers Surana Sadan Ambejogai Thorugh Its Proprietor and Others

Kailas Hari Rathod Vs the State of Maharashtra and Others

Dinkar Govindrao Mulay and Others Vs the Collector Ahmednagar and Others