Vilas Harishchandra Landge v. The State Of Maharashtra And Others

2026:BHC-AUG:6083-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 186 OF 2026 VILAS HARISHCHANDRA LANDGE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.G. Jadhavar, Advocate for petitioner Mr. A.M. Phule, AGP for State ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

10th FEBRUARY, 2026 ORDER :

.

Petitioner by way of present petition is challenging the administrative resolution No.1 dated 28.07.2025 passed by Administrator of Municipal Council, Gangakhed and Sub Divisional Officer, Gangakhed. By the said resolution the Administrator and the Committee has taken a decision to lease the first floor of the business complex by name 'Mahatma Basveshwar Vyapari Sankul' situated within the jurisdiction of Municipal Council, Gangakhed and also owned by said Municipal Council. The lease is to be granted to the shop owners already situated in the said complex on the ground floor on the term that shops on the first floor would be constructed and utilized by them and agaisnt the use of Municipal property they will deposit the monthly rent and security deposit with the Municipal Council.

907_WP_186_2026 After hearing the petitioner for some time, it has been noticed that the powers exercised by the Administrator while passing the aforesaid resolution is under Section 316 B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The said Act provides revisional powers of the State Government under Section 318 of the said Act wherein the State Government is empowered to call for and examine the record of any case in which the decision has been taken either by the Council or by any officer subordinate to such Council or the State Government by exercising powers conferred under the said Act. The learned Adocate for petitioner submits that he has forwarded certain representations to the State Government raising his grievance against the impugned resolution. The representations annexed to the petition are not within the ambit of Section 318 of the said Act. Learned Advocate for petitioner, therefore, seeks leave to withdraw the petition with liberty to approach the State Government under Section 318 of the said Act.

The writ petition is allowed to be withdrawn with liberty as prayed for.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd