Amol Himmatrao Patil And Others v. The State Of Maharashtra And Others

wp6403.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 6403 OF 2016 Amol s/o Himmantrao Patil age 35 years, occ. Business r/o Rammandir Chowk, Parola Dist. Jalgaon Raju s/o Onkar Bhoi age 42 years, occ. Small business r/o Amalner Road, Parola, Dist. Jalgaon Shubham s/o Sunil Vishpute age 27 years, occ. Business r/o c/o Milind Vishpute Kotar Galli, Parola, Dist.Jalgaon .. PETITIONERS

VERSUS

The State of Maharashtra The Hon'ble Minister Urban Development Department, Mantralaya, Mumbai 32.

The Municipal Council, Parola Tq. Parola, Dist. Jalgaon Through its Chief Officer .. RESPONDENTS Mr. B.R. Waramaa, advocate for petitioners.

Mr. A.R. Kale, AGP for the State.

Mr. P.B. Patil, advocate for respondent no. 3. ===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 10th AUGUST, 2016.

ORAL JUDGMENT : ( PER R. M. BORDE, J. ) 1.

Rule. Rule made returnable forthwith.

2.

Heard finally with the consent of learned counsel for the respective

wp6403.16.doc parties.

3.

Auction proceeding in respect of allotment of shops constructed by the Municipal Council on lease basis has been stalled by virtue of stay order issued by the State Minister for Urban Development on 21.10.2015. The State Minister appears to have intervened on the basis of complaint tendered by Member of the Parliament. The Member of Parliament has made complaint about irregularities in conducting the auction proceedings. It is also contended that there is likelihood of sustaining financial loss by the Municipal Council. Inspite of issuing order of stay in the year 2015, nothing has been done by the Hon'ble Minsiter in the matter thereafter. We do not find any justification for staling the auction proceeding initiated by respondent no. 3 - Municipal Council. If at all, after conducting auction proceeding any irregularities or illegalities are noticed, it would be open for the concerned parties to raise challenge after conclusion of such proceeding.

4.

With liberty as aforesaid, writ petition deserves to be allowed and the same is accordingly allowed. Impugned order passed on 21.10.2015 staying auction proceeding stands quashed and set aside. It would be open for the Municipal Council to conclude the auction proceeding. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs.

( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb