Shaikh Faruk Shaikh Noor And Another v. The State Of Maharashtra And Others

2025:BHC-AUG:22725-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 540 OF 2023 WITH CIVIL APPLICATION NO. 1928 OF 2023 Suhas Trimbakrao Shirsath

VERSUS

The State Of Maharashtra And others ...

Mr. K. F. Shingare, Advocate for the Petitioner Mr. R.K. Ingole, AGP for the Respondents State Mr. Ujjwal S. Patil, Advocate for Respondent No.4 Mr. A. R. Ban h/for Mr. R. V. Gore, Advocate for the applicant/ intervenor in CA/1928/2023.

AND WRIT PETITION NO. 10292 OF 2021 Shaikh Faruk Shaikh Noor and another

VERSUS

The State Of Maharashtra And others Mr. S.S. Kazi h/for Mrs. Fatema S. Kazi, Advocate for the petitioners .....

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 20th August, 2025 P. C. :

1.

Writ Petition No. 540 of 2023 was mentioned in the morning projecting extreme urgency in the matter, due to which we called for the papers at 2.30 p.m. Since Writ Petition No. 10292 of 2021 was already connected with the said writ petition, the papers of the same have also been placed by the Registry before us. 2.

When we put specific query to learned Advocate for the petitioner in Writ Petition No. 540 of 2023, he submitted that there is extreme

urgency in the matter for the reason that the programme for finalization of ward formation has been recently issued on 24.06.2025 and the draft ward formation has been publicized, with the exercise of calling for objections being started from 18.08.2025 to 21.08.2021. It is submitted that since the said programme has been declared, the aforesaid petitions need to be heard at the earliest.

3.

Having considered the contents of the writ petitions, we find that the grievance of the petitioners in these petitions pertains to the very same subject of finalization of ward formation. It appears that the grievance of the petitioners in these pending petitions is that their objections, raised much prior in point of time, were not considered and this prompted the petitioners to approach this Court seeking appropriate directions for consideration of such objections concerning ward formation.

4.

We find that since the aforesaid programme has been already declared and a perusal of the same shows that after the draft ward formation is publicized and objections are invited between 18.08.2025 and 21.08.2025, the concerned District Magistrates are required to give hearing with regard to such objections between 22.08.2025 and 08.09.2025.

5.

We are further of the opinion that the petitioners are at liberty to raise their objections as per the aforesaid programme, including objections raised in the present writ petitions before the said authority. Since the programme indicates that such objections can be raised till tomorrow i.e. 21.08.2025, the petitioners are certainly at liberty to do so.

6.

If the petitioners raise objections within the stipulated period of time as indicated in the said programme, the respondent- District Magistrate/Collector shall consider such objections, as per aforementioned programme, in accordance with law. 7.

We are of the opinion that the aforesaid direction satisfies the grievances raised in these petitions and therefore, the petitions can be conveniently disposed of.

8.

In view of the above, the petitions are disposed of in the light of the directions given herein above. Pending applications, if any, also stand disposed of.

( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan