Savitaben Education Society Through Its President And Another v. The State Of Maharashtra Through Its Secretary And Others

( 1 ) 914 wp 13524.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 WRIT PETITION NO.13524 OF 2023 SAVITABEN EDUCATION SOCIETY THROUGH ITS PRESIDENT & ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Kedar Shrimant Ravsaheb AGP for Respondents/State : Mr. V.M. Kagne Advocate for R/2 & 3 : Mr. S.S. Tope ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 27th October, 2023 P.C. :- 1.

Judgment delivered by the Hon'

ble Supreme Court in Parivar Seva Sanstha V/s. Ahmednagar Municipal Corporation; 2022 DGLS (SC) 1542 and the judgment delivered by this Court at the Principal Seat dated 10.08.2023 in Writ Petition No.4309/2023 (Kokuyo Camlin Limited V/s. State of Maharashtra & Ors.), are cited which indicate the law that the statutory remedy under Section 406 of the Municipal Corporation Act 1949 has to be availed. 2.

The learned advocate for the Petitioners submits that the Petitioners would avail of the said remedy.

( 2 ) 914 wp 13524.23 3.

In view of the above, this petition is disposed off as withdrawn. The time spent by the Petitioners in this Court from 25.10.2023 till today, shall be a ground for condonation of delay, if the issue of limitation arises. All contentions are kept open.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub