Ambarnath Vypari Sangh (Regd) v. Ambarnath Municipal Council And ANR

TRUPTI SADANAND BAMNE Trupti 1 41-wp-11942-2022.doc by TRUPTI SADANAND BAMNE Date: 2022.10.15 16:25:24 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11942 OF 2022 Ambarnath Vyapari Sangh (Regd.) ...

Petitioner

Versus

Ambarnath Municipal Council & anr.

...

Respondents ......

Mr. Ganesh Bhujbal for the Petitioner.

Mr. A.A.Alaspurkar, AGP for the State.

......

CORAM :

NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ.

DATE :

10 OCTOBER 2022 P.C. :

Heard the learned Counsel for the parties.

2.

The Petitioner, who is a traders association, is seeking a writ of mandamus against the Respondent No. 1- Municipal Council to formulate the policy for fixation of solid waste tax in property tax bill.

3.

To a query, as a traders association whether the Petitioner has taken up the issue with the Respondent No.1- Municipal Council by making representation etc., the learned Counsel for the Petitioner has drawn our attention to a notice. This is legal notice issued by an

Trupti 2 41-wp-11942-2022.doc Advocate. If the Petitioner-trader association has certain suggestion as to how the policy should be implemented by the Respondent No.1- Municipal Council, a legal notice threatening legal consequences was not appropriate. The learned Counsel for the Petitioner also accepts the same and states that the Petitioner-traders association would make a representation setting out their suggestions and grievances to the Respondent No.1- Municipal Council in detail and pursue the same with the Respondent No.1- Municipal Council, and if this attempt fails, the Petitioner would consider taking necessary legal action.

4.

In light of this position and with the above observations, the writ petition is disposed of.

(SHARMILA U. DESHMUKH, J.) (NITIN JAMDAR, J.)