Aurangabad Municipal Corporation v. Mahesh Sambhajirao Bhosale

G.A.Ghule 1/2 wp 1040.13.sxw [P.A.]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPELLATE JURISDICTION.

Criminal Writ Petition No.1040 Of 2013.

Aurangabad Municipal Corporation.

Through Its commissioner.

Dr. Harshdeep Shriram Kamble.

Versus.

Mahesh Sambhajirao Bhosale.

Appearance => Mr. Atul Karad, Advocate for the Petitioner.

Mr. Kamruddin Faruqui, Advocate h/for Mr. N.L. Jadhav, Advocate for the Respondent.

CORAM

:

V.M. DESHPANDE, J.

DATE :

11th FEBRUARY, 2015.

Per Court :- Rule. Rule made returnable forthwith. Taken up for final hearing, with consent of both the parties.

[2] Heard Mr. Atul Karad, Advocate for the Petitioner and Mr. Kamruddin Faruqui, Advocate h/for Mr.Jadhav, Adv. for the Respondent. [3] The only prayer, which the learned counsel for the petitioner has made is that the Commissioner, Municipal Corporation, Aurangabad should be exempted from his personal appearance on every date before the learned Judicial Magistrate, F.C., Corporation Court, Aurangabad, in Criminal M.A. No. 9/13.

2/2 wp 1040.13.sxw [4] The learned counsel for the respondent has not seriously objected the said prayer. Since the Commissioner, Municipal Corporation, Aurangabad can be represented before the learned Judicial Magistrate, F.C. in the proceedings, on the dates fixed, through duly authorized and responsible officer, the prayer made by the learned counsel for the petitioner is just. Hence, Writ Petition is allowed. The Commissioner, Municipal Corporation, Aurangabad is permitted to appear before the learned Judicial Magistrate, F.C., Corporation Court, Aurangabad in Criminal Misc. Appln. No. 9 Of 2013 through any responsible and authorized Officer. Writ Petition allowed. Rule made absolute.

(V.M. DESHPANDE, J.)