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Bombay High CourtWP/1930/2024disposed off

Sankalp Pratishthan Through Its President Yogesh Balaji Dongare v. The State Of Maharashtra Through Secretary And Others

2024-02-16Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

2024:BHC-AUG:3655-DB (1) 918-wp-1930-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1930 OF 2024 SANKALP PRATISHTHAN THROUGH ITS PRESIDENT YOGESH BALAJI DONGARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Gaurav L. Deshpande, Advocate for the Petitioner. Mr. P. S. Patil, Addl. GP for Respondent No.1. Mr. S. P. Urgunde, Advocate for Respondent Nos.2 and 3. ...

CORAM : RAVINDRA V. GHUGE AND S. G. CHAPALGAONKAR, JJ.

DATE : 16th FEBRUARY, 2024.

PER COURT:- 1.

The Petitioner does not have an enforceable right to illuminate a public square which is Government property. Merely because he moved an application seeking permission to illuminate the public square, would not mean that the Corporation is under an obligation to grant him permission or grant him an opportunity of hearing on the application. The permission earlier granted has been revoked for the reasons set out in the impugned order dated 09.02.2024. The Municipal Corporation would be illuminating the public square of the occasion of 'Shiv Jayanti', at it's own cost.

2.

In view of the above, this petition is disposed off. (S. G. CHAPALGAONKAR) (RAVINDRA V. GHUGE) JUDGE JUDGE Devendra/February-2024