Bombay High Court
Bheemacharya Balacharya ( Bheemasen ... vs Pandharpur Municipal Council Through ... on 23 July, 2024
2024:BHC-AS:29914
10-SA-384-2011.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
rrpillai CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 384 OF 2011
WITH
CIVIL APPLICATION NO. 986 OF 2016
IN
SECOND APPEAL NO. 384 OF 2011
Bheemacharya Balacharya ... Appellant/Applicant
(Bheemasen Venkateshacharya
Varakhedakar)
Vs.
Pandharpur Municipal Council ... Respondent
through Chief Officer
Mr. Bheemacharya Varkhedkar-Appellant/Applicant in person.
Mr. Sarang S. Aradhye a/w. Ms.Gauri Velankar, Ms. Shruti
Kothavade and Mr. Shantanu Gurav for the Respondent.
CORAM : GAURI GODSE, J.
DATE : 23rd JULY 2024
ORDER :
1. The appellant who appears in person has pointed out order dated 3rd October 2012. He submits that the question of law is already framed by this court in the said order.
2. A perusal of the order dated 3 rd October 2012 indicates that the following substantial questions of law arise in the Second Digitally signed Appeal :
by RAJESHWARI
RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 1/4 2024.07.31 11:15:22 +0530 ::: Uploaded on - 31/07/2024 ::: Downloaded on - 02/08/2024 18:42:57 ::: 10-SA-384-2011.docx
(i) Whether the Civil Court's jurisdiction to decide the declaration as sought for by the appellant is available, in view of the legal principles relied upon by the appellant decided in Municipal Council, Aurangabad vs. Shivaji Sindhi Co-op.
Hsg. Society Ltd. (1980 BCR 579), Chief Officer Sangamner Municipal Council vs. Narayandas Jagannath Karva (1989 Mh.L.J. 26), Bata Shoes Company vs. Jabalpur Corporation (1977 SC 955) and Shivmanik Dattatraya Shivangikar vs. Latur Municipal Council and Others (1977 0 Supreme (Bom) 241) ?
(ii) Whether requisite steps are taken under The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 by the State Government, if any small area or village is added in a particular Municipal Council under Section 340(2)(x) of the said Act ?
3. Hence, Second Appeal is admitted on the aforesaid substantial questions of law .
4. Mr. Aradhye waives service for respondent.
5. Printing dispensed with.
6. By order dated 3rd October 2012, record and proceedings are 2/4 ::: Uploaded on - 31/07/2024 ::: Downloaded on - 02/08/2024 18:42:57 ::: 10-SA-384-2011.docx already called for. Office to verify whether the R & P is received. If R & P is not received, office is directed to issue a reminder calling for record and proceeding.
3. Learned counsel for the respondent submits that he will file a private paper book in the Second Appeal within four weeks.
4. Private paper book to be supplied to the appellant on his address mentioned in the Second Appeal.
5. List the Second Appeal under the caption "For Directions " on 30th September 2024.
6. It is clarified that since the next date is assigned in the presence of the appellant who appears in person, no further notice intimating the date would be necessary.
Civil Application No. 986 of 2016
7. The applicant who appears in person relies upon order dated 24th June 2011 passed in the Civil Application No. 843 of 2011. He submits that this Court had granted ad-interim relief in terms of prayer clause (a) of the said application. Appellant has tendered copy of the order dated 24 th June 2011. It appears that earlier the application was dismissed in default.
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10-SA-384-2011.docx
8. In the order dated 23 rd June 2016, the earlier order of 15 th September 2015 is reproduced stating that the Second Appeal has been restored and interim order passed earlier is also restored.
9. Since there was an earlier order granting interim protection and the Second Appeal is now admitted on the questions of law as recorded above, I find it appropriate to grant interim protection during the pendency of the Second Appeal. Hence, during the pendency of the Second Appeal no coercive action to be taken against the appellant for recovering any tax levied by respondent.
10. Civil Application is disposed of in above terms.
[GAURI GODSE, J.] 4/4 ::: Uploaded on - 31/07/2024 ::: Downloaded on - 02/08/2024 18:42:57 :::