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Bombay High CourtCAW/1870/2024ca disposed off

Breezy Fans And Furniture Company, Akola, Thr. Authorized Signatory, Ashish A. Lohia And ORS v. State Of Maharashtra, Dept. Of Industries And Minning Thr. Principal Secretary, Mumbai And Others

2024-07-22Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

16-WP-4303-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (W) NO. 1870 OF 2024 IN WRIT PETITION NO. 4303 of 2024 Breezy Fans and Furniture Company, Akola and others vs.

The State of Maharashtra and others.

--------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Mrs.(Dr.) R.S.Sirpurkar, Advocate for petitioners. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 22nd JULY, 2024 Heard.

2.

For the reasons disclosed in the civil application, the amendment stands allowed. The same be carried out within a period of one week from today.

3.

The civil application stands disposed of.

WRIT PETITION NO. 4303/2024 The petitioners are allottees of plots within the MIDC area which was falling under the territorial jurisdiction of Malkapur Gram Panchayat. The said Gram Panchayat merged in the Municipal Corporation limits of Akola Municipal Corporation. 2.

It appears that after such merger, the area in regard to the MIDC remained unattached to Municipal Corporation or Village Panchayat. 3.

Surprisingly, the Block Development Officer, Panchayat Samiti, Akola for the purpose of assessment of village panchayat taxes the area of MIDC, which was earlier falling under the jurisdiction of Malkapur Gram Panchayat, was attached to the Yevta Village Panchayat. 4.

It is claimed that such act goes contrary to the provisions of

16-WP-4303-2024.odt 2 Section 4 of the Maharashtra Village Panchayats Act, 1959. 5.

Issue notice to the respondents, returnable on 02.09.2024.

6. Ms N. P. Mehta, learned Additional Government Pleader waives service of notice for the respondent nos. 1 and 2. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.