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Bombay High CourtWP/3863/2025disposed off

Sevagiri Shikshan Sanstha v. Pimpri Chinchwad Corporation And ANR

2026-03-16Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice S. M. Modak3 pages

by ARUNA SANDEEP TALWALKAR Date: 2026.03.23 18:51:17 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3863 OF 2025 Sevagiri Shikshan Sanstha.

...Petitioner.

Vs.

Pimpri Chinchwad Municipal Corporation & Anr.

...Respondents.

----------------- Mr. Chaitanya Nikte a/w. Mr. Shubhankar Kulkarni a/w. Mr. Ritvij Kale, Advocate for Petitioner.

Mr. Kedar B. Dighe, Advocate for Respondent Nos. 1 and 2 -P.C.M.C. ----------------- CORAM : M.S. KARNIK, AND S.M. MODAK, JJ.

DATED : 16th MARCH, 2026 P.C.:- 1.

Though by this Petition, the Petitioner has prayed for various reliefs, the learned Counsel for the Petitioner submits that he would be satisfied if the representation dated 22nd January, 2025 which is annexed to the Petition at Exh. C-1 made to the Municipal Corporation is decided expeditiously. According to the learned Counsel for the Petitioner, the Educational Institution should be exempted from paying the General Tax under Section 132 (3) of the Maharashtra Municipal Corporation Act (for short "MMC Act"). Reliance is placed on the decision of the Hon'ble Supreme Court in the case of Sant Sanwarram Education & Social Welfare Society, Amravati & Ors. v/s. Municipal

Corporation of City of Amravati1.

2.

Mr. Dighe, learned Counsel for the Respondent - Corporation opposed the Petition.

3.

We find the request made by the Petitioner that the Commissioner to decide the representation dated 22nd January, 2025 within a period of 8 weeks from the communication of the order is reasonable. 4.

The learned Counsel for the Petitioner submits that the Principal's cabin and two other rooms are under attachment. The Petitioner is willing to deposit the sum of Rs. 10 Lakhs with the Respondent - Corporation without prejudice to his rights and contentions in the representation to be decided. The sum to be deposited within a period of two weeks from today.

5.

Considering the statement of the Petitioner to deposit the amount, attachment of Principal's cabin and other premises belonging to the Educational Institution to be lifted. No coercive action be taken against the Petitioner till the representation of the Petitioner is decided. The attachment, if in operation to be lifted subject to the Petitioner 2008 SCC OnLIne Bom 1857.

complying with the aforesaid condition, immediately from the date of deposit.

6.

At this juncture, the Petitioner does not press for any other reliefs and the same will be prayed at the appropriate stage, after the decision of the representation.

7.

With this liberty, the Petition is disposed of. [S.M. MODAK, J.] [M.S. KARNIK, J.]