Govind Balasaheb Kande v. The State Of Maharashtra And Others

2025:BHC-AUG:20241-DB 947.WP.8799.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8799 OF 2025 Govind Balasaheb Kande

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Kulkarni Sanket S., for Petitioner.

 Mr. V. M. Kagne, AGP for Respondents.

*** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 31st JULY 2025.

ORAL ORDER : (PER : MANISH PITALE, J.) 1.

Heard learned counsel for the petitioner.

2.

The grievance raised by the petitioner is that the impugned resolution No.214 dated 10th July 2024, passed by the Administrator of the respondent - Municipal Council, Shrirampur violates the relevant Government Resolution and consequently a direction is sought against the Municipal Council to erect the statue of Chhatrapati Shivaji Maharaj at a particular place in Shrirampur District Ahilyanagar. 3.

Having read the said resolution, we find that the petitioner can have no cause of action although he claims to be a resident of Shrirampur, who is espousing the aforesaid cause. Shrikant Malani

947.WP.8799.2025.doc 4.

A bare reading of the resolution shows that there is a reference made to the relevant order passed by the Hon'ble Supreme Court of India and thereafter directions have been issued for obtaining necessary permissions, no objections etc, including approaching the District Magistrate, for installation of the statue at a particular place. 5.

The aforesaid resolution does not have the effect of actual installation of the statue and merely indicates that appropriate steps would be taken, so that proper no objections and permissions are obtained from the Competent Authorities before any steps are taken for installation of the statue of Chhatrapati Shivaji Maharaj at a particular place. This would necessarily include compliance with the said Government Resolution and other such requirements. 6.

There is no cause of action for the petitioner to rush to this Court invoking Article 226 of the Constitution of India. 7.

The writ petition is dismissed. Pending applications, if any, also stand disposed of.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Shrikant Malani