Avinash Ankush Wable And ORS v. The City Corporation Ltd. And ORS

Trupti 40--pil-71-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 71 OF 2023 Avinash Ankush Wable and Others ...

Petitioners versus The City Corporation Ltd. and Others ...

Respondents ......

Mr. Sudhir Sadavarte for the Petitioners.

Ms. N.M.Mehra, AGP for the State.

Mr.R.S.Khadapkar for Respondent No.3- Municipal Corporation. ......

CORAM : NITIN JAMDAR, ACJ & ARIF S. DOCTOR, J.

DATE : 21 JUNE 2023 P.C.:

Heard the learned Counsel for the parties.

2.

The Petitioners are residents of Old Sade Satra Nali Village, which was under a Gram Panchayat now within the territorial jurisdiction of Pune Municipal Corporation. They are before us making a grievance that Respondent No.1- a private entity has not paid tax to the Gram Panchayat.

3.

The learned Counsel for Respondent No.3- Pune Municipal Corporation states that it is correct that the area under the

Trupti 40--pil-71-2023.doc jurisdiction of the Gram Panchayat is now merged with Pune Municipal Corporation and that Respondent No.1 is in arrears of the tax. The learned Counsel states that Pune Municipal Corporation has taken over the litigation initiated by the Gram Panchayat against Respondent No.1 and others and has filed Writ Petition (St.) No. 2604 of 2023 which is pending in the Court. The learned Counsel for the Municipal Corporation assures that this Writ Petition will be duly prosecuted. Since this cause is already taken up by the Municipal Corporation, and on the same issue a Writ Petition is already filed, which will be considered on its own merits, we do not deem it necessary to keep this PIL pending. The Municipal Corporation will remove the office objections in the pending Petition immediately and make attempts to prosecute the same diligently.

4.

The PIL is accordingly disposed of.

ARIF S. DOCTOR ACTING CHIEF JUSTICE