The Municipal Council, Khamgaon, Thr. Its Partner, Sou. Anita Vaibhav Daware v. The State Of Maharashtra, Thr. Its Secretary, Urban Development Dept. An Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1152 OF 2021.

The Municipal Council, Khamgaon through its President.

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Petitioner.

-VERSUS1.The State of Maharashtra, and others.

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Respondents.

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Shri F.T. Mirza, Advocate for the Petitioner. Shri A.A. Madiwale, Assistant Government Pleader for Respondent Nos. 1 to 4.

Shri S. Chopde, Advocate for the Respondent No.6. .........

CORAM :

NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATE : 2 MARCH 2021.

P.C.

Heard learned Counsel for the Parties.

2.

This petition is stated to have been filed by the Municipal

Council. When called upon as to how the Municipal Council has filed this Writ Petition through its President and not the Chief Officer, the learned Counsel for the Petitioner submitted that in view of Section 301 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the Chief Officer will have to proceed under the general directions of the Council, and such decision is taken. 3.

Even assuming to be so, the Municipal Council will have to be represented through the Chief Officer. The learned Counsel for the Petitioner then submitted that the Petitioner be permitted to prosecute this petition in his individual capacity as the President. 4.

It is brought to our notice that the Petitioner along with other Councillors have filed a Writ Petition on the same subject matter bearing Writ Petition No. 907/2021. In the circumstances, we do not deem it necessary to keep the present petition pending. To avoid multiplicity of litigation, the contentions which the Petitioner wants to raise, can be raised in Writ Petition No.907/2021. 5.

The Writ Petition No. 907/2021 is scheduled to come up on the board on 17 March 2021. The State and private Respondent will file their affidavit in reply in Writ Petition No.907/2021. 6.

Registry to keep copy of this order in Writ Petition No.907/2021.

7.

The Writ Petition is accordingly disposed with above observations.

[ (ANIL S. KILOR, J) (NITIN JAMDAR, J) Rgd by Rakesh Dhuriya Date:

2021.03.06 11:41:39 +0530 Rakesh Dhuriya