Rani Laxmibai Mahila Mandal, Aurangabad And Others v. The Aurangabad Municipal Corporation, Aurangabad

( 1 ) wp11613.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11613 OF 2014 WITH CA/2324/2015 IN WP/11613/2014 WITH CA/12096/2017 IN WP/11613/2014 RANI LAXMIBAI MAHILA MANDAL, AURANGABAD AND OTHERS

VERSUS

THE AURANGABAD MUNICIPAL CORPORATION, AURANGABAD Mr.Pradip R. Patil, Advocate for the petitioner Mr.S.S.Tope, Advocate for the respondent No.1 CORAM : S.V. GANGAPURWALA & S.M. GAVHANE, JJ.

DATED :

11.10.2017 P.C. :- .

Mr. Tope, learned counsel for the respondent submits that the order is passed by the Ward Officer, the petitioner has remedy of appeal under Section 406 of the Maharashtra Corporation Act.

2.

Mr.Patil, learned counsel submits that legal issue is involved and this Court can go into the said aspect. The order is without jurisdiction. Learned counsel further submits that as directed by this Court petitioner has deposited Rs.1,65,000/-.

3.

As the petitioner has alternate remedy under the statute, we are not inclined to entertain the present

( 2 ) wp11613.14 petition.

4.

The writ petition accordingly disposed of with liberty to the petitioner to avail the alternate remedy. If such alternate remedy is availed, the Authority shall consider the time spent for prosecuting the present writ petition. All contentions of the respective parties are kept open. No costs.

5.

In view of the disposal of the writ petition, the Civil Applications, if any stand disposed of. [S.M. GAVHANE, J.] [S.V. GANGAPURWALA, J.] / VishalK wp11613.14