Pune Outdoor Advertising Association v. State Of Maharashtra Thr Principal Secretary And ORS

Digitally signed by CHITRA SANJAY SONAWANE Date:

2023.03.13 11:54:27 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2624 OF 2023 Pune Outdoor Advertising Association ...

Petitioner.

Versus

State of Maharashtra & Ors.

...

Respondents.

.....

Mr. S.M.Gorwadkar, Sr.Advocate a/w Niranjan Mogre for the petitioner.

Mr A.S. Alaspurkar, AGP for State-Respondent No.1. Mr.AY Sakhare, Sr. Advocate a/w Mr. Abhijit P. Kulkarni for Respondents no.2 and 3.

.....

CORAM: G.S.KULKARNI & R. N. LADDHA, JJ.

DATE : 8th MARCH, 2023.

P.C. :- Heard Mr.Gorwadkar, learned Senior Counsel for the petitioner, Mr.Sakhare, learned Senior Counsel for Respondents no.2 and 3 and Mr.Alaspurkar, learned Assistant Government Pleader for Respondent no.1.

2.

Mr. Gorwadkar, has fairly stated that the issue in this petition would be in regard to an application as

filed by the petitioner u/s 451 of the Maharashtra Municipal Corporation Act. The proceedings of the Petitioner's application are pending before the State Government.

3.

On the earlier occasion, when this petition was placed before a co-ordinate Bench of this Court, it was adjourned to enable the learned AGP to take instructions as to within what time the proceedings of the Petitioner's application shall be decided by the State Government.

4.

Learned AGP, on instructions, submits that the proceedings as filed by the petitioner u/s 451 of the Maharashtra Municipal Corporation Act shall be considered by the State Government on or before 23rd March, 2023 and that there shall not be any further extension.

5.

Accordingly, accepting such statement as made by learned AGP on behalf of the State Government, we propose to dispose of the petition, directing the Respondents to pass an appropriate order on the petitioner's application, in accordance with law. 6.

All contentions of the parties are expressly kept open. 7.

It is clarified that we have not dealt with any of the contentions raised by the petitioner either to be addressed before

the State Government or in any other proceedings. 8.

It is clarified that if it is not possible for Respondent no.1 to decide the proceedings, initiated by the petitioner u/s 451 Maharashtra Municipal Corporation Act, in that event Respondent no.1 shall pass orders on the interim prayers as made by the petitioner on or before 23.3.2023.

9.

Petition is, accordingly, disposed of in the above terms. No costs.

10.

Parties to act on an authenticated copy of this order. [R. N. LADDHA, J.] [G. S. KULKARNI, J.]