Bombay High Court
Parbhani City Municipal Corporation ... vs Mohd Sikandar Mohd Salim on 26 February, 2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 WRIT PETITION NO. 8001 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Virbhadra Mahaling Swami
902 WRIT PETITION NO. 7544 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mina Madhavrao Humbe
...
903 WRIT PETITION NO. 7596 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Bhagwan Laxmanrao Pame
...
904 WRIT PETITION NO. 7640 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Shaikh Isaq Shaikh Yaseen
...
905 WRIT PETITION NO. 7685 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Gaffar Shaikh Raheman
...
906 WRIT PETITION NO. 7690 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
1
901-WP-8001-2023.odt
Commissioner
VERSUS
Vasant Chandranathrao Ambure
...
907 WRIT PETITION NO. 7698 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Syed Abdul Manan Nurji
...
908 WRIT PETITION NO. 7738 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohd. Baseer Mohd. Nabi
...
909 WRIT PETITION NO. 7763 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Pralhad Kondiba Pachling
...
910 WRIT PETITION NO. 7765 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Bhagoji Nathoji Sose
911 WRIT PETITION NO. 7777 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Uttara Madhavrao Shejul
...
912 WRIT PETITION NO. 7778 OF 2023
2
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Haji Syed Ismail Syed Haji Nabi
....
913 WRIT PETITION NO. 7780 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ramrao Baburao Wagh
...
914 WRIT PETITION NO. 7784 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Govind Hotchand Barmera
...
915 WRIT PETITION NO. 7785 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Arun Tradars Hingnekar Through Tushar Arun Hingnekar
...
916 WRIT PETITION NO. 7788 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Pushpa Vinayak More
...
917 WRIT PETITION NO. 7843 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Ramesh Dhondiba Jadhawar
...
3
901-WP-8001-2023.odt
918 WRIT PETITION NO. 7914 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Rahim Abdul Rashid
...
919 WRIT PETITION NO. 7937 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Abdul Kada Abdul Gani Patni
...
920 WRIT PETITION NO. 7986 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Yunus Shaikh Babamiya
...
921 WRIT PETITION NO. 7991 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Syad Yaseen Syad Ameen
...
922 WRIT PETITION NO. 7540 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Venkatswami Pochalu Died Through Lrs Laxman Venkat Swami
Sameta
...
923 WRIT PETITION NO. 7541 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
4
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VERSUS
Khalil Ahmed Khan Manjur Khan Through His Power Of Attorney
Zahir Kahn Shabbir Khan
...
924 WRIT PETITION NO. 7542 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Jaleel Ahemad Wali Ahemad
...
925 WRIT PETITION NO. 7543 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Narendra Fulchand Zanjari
...
926 WRIT PETITION NO. 7545 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Ismail Mohd. Amir
...
927 WRIT PETITION NO. 7546 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Rajendra Parshwanath Narwate
...
928 WRIT PETITION NO. 7547 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Mahesh Rajesh Kamtula
...
929 WRIT PETITION NO. 7548 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
5
901-WP-8001-2023.odt
VERSUS
Yashwant Mahila Gruha Udyog Sanstha Thr Its President
...
930 WRIT PETITION NO. 7549 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Syed Salim And Company Thr Its Proprietor
...
931 WRIT PETITION NO. 7550 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Mohd. Tahesin Mohd. Farooq
...
932 WRIT PETITION NO. 7551 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Zaheek Abdul Kadar Patni
...
933 WRIT PETITION NO. 7552 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sanjay Baburao Thakare
...
934 WRIT PETITION NO. 7553 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Nazir Abdul Rahman
...
935 WRIT PETITION NO. 7554 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Musa Shaikh Rahimoddin
...
936 WRIT PETITION NO. 7555 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
6
901-WP-8001-2023.odt
Commissioner
VERSUS
Jambarlal Ratanlal Mutha
...
937 WRIT PETITION NO. 7556 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ishrat Begum Khaleel Khan Through Gpa Holder Khalil Khan Sujayat
Khan
...
938 WRIT PETITION NO. 7557 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Gangadhar Shivajirao Annapure Through Joint Family Member Pramod
Gangadhar Annapure
...
939 WRIT PETITION NO. 7558 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Syed Salim Syed Ismail
...
940 WRIT PETITION NO. 7559 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Najeeb Mohioddin Sadiq Mohioddin
941 WRIT PETITION NO. 7560 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Chandrakant Laxmanrao Anerao
...
942 WRIT PETITION NO. 7561 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
7
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Abubakar Wali Mohamad
...
943 WRIT PETITION NO. 7562 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sanjay Bhagvanrao Vaidya
...
944 WRIT PETITION NO. 7563 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sitaram Rajaram Gundalwar
...
945 WRIT PETITION NO. 7564 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Naeem Shaikh Chand
...
946 WRIT PETITION NO. 7565 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Pundalik Siddharth Narwade
...
947 WRIT PETITION NO. 7566 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sayyad Mahemood Sayyad Mehaboob
...
948 WRIT PETITION NO. 7567 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Vijay Gangadharrao Dahale
...
949 WRIT PETITION NO. 7568 OF 2023
8
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Ramesh Laxmanrao Kondekar
...
950 WRIT PETITION NO. 7569 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Aziz Mohd Ismail Died Through Lrs Abdul Alim Abdul Aziz
951 WRIT PETITION NO. 7570 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Syed Akbar Syed Wahed
...
952 WRIT PETITION NO. 7571 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sanjay Sheshrao Kadam
...
953 WRIT PETITION NO. 7591 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sayyed Hamid Sayyed Chand
...
954 WRIT PETITION NO. 7592 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Imran Mohd Aslam Mamdani
...
955 WRIT PETITION NO. 7593 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
9
901-WP-8001-2023.odt
VERSUS
Gangadhar Kishanrao Garud
...
956 WRIT PETITION NO. 7594 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Afzal Mohd. Ashraf Padela
...
957 WRIT PETITION NO. 7595 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Lokmat Media Pvt. Ltd., Thr Its Asst. General Managar, Nanded
...
958 WRIT PETITION NO. 7597 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Gangadhar Kisanrao Garud
...
959 WRIT PETITION NO. 7598 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Subhashchandra Bankatlal Mantri
...
960 WRIT PETITION NO. 7599 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Ayub Abdul Razzak
...
961 WRIT PETITION NO. 7600 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Jaiprakash Rajbhaue Chakote
...
962 WRIT PETITION NO. 7601 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
10
901-WP-8001-2023.odt
VERSUS
Syed Imran Syed Ali
...
963 WRIT PETITION NO. 7602 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Anwar Mohd Haji Abdulla
...
964 WRIT PETITION NO. 7603 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Dilip Balajirao Dahale
...
965 WRIT PETITION NO. 7604 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Amol Rohidas Jagtap
...
966 WRIT PETITION NO. 7605 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Akhiloddin Riyazu Rehman Inamdar
...
967 WRIT PETITION NO. 7606 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Kishor Ratanlal Sharma
...
968 WRIT PETITION NO. 7607 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Iliyas Mohd Bhai Memon
11
901-WP-8001-2023.odt
...
969 WRIT PETITION NO. 7608 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Wahajoddin Shaikh Moinoddin
...
970 WRIT PETITION NO. 7609 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Pawankumar Fulchand Zanjari
...
971 WRIT PETITION NO. 7610 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Gopal Rajlingaya Lingampalli
...
972 WRIT PETITION NO. 7611 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Munjaji Vishwanath Surve
...
973 WRIT PETITION NO. 7612 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Ankush Mukundrao Tikhe
...
974 WRIT PETITION NO. 7613 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Hasina Bano Mohd. Salim
975 WRIT PETITION NO. 7614 OF 2023
12
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Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shivajirao Borade (died) Through Lrs Prakash Shivajirao Borade
976 WRIT PETITION NO. 7615 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Rashid Ahemad Khan A. Jabbar Khan
...
977 WRIT PETITION NO. 7616 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Bharti Radhakishan Khairajani
...
978 WRIT PETITION NO. 7617 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Shrikant Bhupalrao Ambure
...
979 WRIT PETITION NO. 7618 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Sayyed Zuber Syed Rashid
...
980 WRIT PETITION NO. 7619 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Rukhiya Begum Mohammad Ismail
...
981 WRIT PETITION NO. 7620 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sunil Gulabrao Devkar
13
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982 WRIT PETITION NO. 7621 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Sunil Shankarrao Bobade
...
983 WRIT PETITION NO. 7622 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ajaykumar Komaraya Sonaila
...
984 WRIT PETITION NO. 7623 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Rahim Mohd. Yasin
985 WRIT PETITION NO. 7624 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Javed Bin Umar
...
986 WRIT PETITION NO. 7625 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Nasir Ahmed Khan Mehboob Khan
987 WRIT PETITION NO. 7626 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Yasin Mohd Yakub
...
988 WRIT PETITION NO. 7627 OF 2023
14
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Ahad Shaikh Hamid
...
989 WRIT PETITION NO. 7628 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Suhas Devidasrao Pandit
...
990 WRIT PETITION NO. 7629 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Syed Zaheer Syed Yaseen
...
991 WRIT PETITION NO. 7630 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Didhyadhars Chandrabali Mishra
...
992 WRIT PETITION NO. 7631 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Nandakumar Laxmanrao More
...
993 WRIT PETITION NO. 7632 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Rashida Abdul Gafar
...
994 WRIT PETITION NO. 7633 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
15
901-WP-8001-2023.odt
Commissioner
VERSUS
Kiran Vishnu Waghalkar
995 WRIT PETITION NO. 7634 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Noorahan Begum Kazi Misbahoddin
...
996 WRIT PETITION NO. 7635 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Sk. Jalani Sk. Bashir
997 WRIT PETITION NO. 7636 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Navin Tirthadas Ahuja
...
998 WRIT PETITION NO. 7637 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Syed Isaq Syed Rauf
...
999 WRIT PETITION NO. 7638 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Abdul Rasheed Mastan Sab
...
1000 WRIT PETITION NO. 7639 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Ahmad Hussein Mohd. Bhai Ganiyani
16
901-WP-8001-2023.odt
...
1001 WRIT PETITION NO. 7641 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Amrin Bano Mohd Junaid Bhojani
...
1002 WRIT PETITION NO. 7642 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Bhagyashri Laxman Chavhan
...
1003 WRIT PETITION NO. 7643 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Khairunisa Abood
...
1004 WRIT PETITION NO. 7644 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Prabhakar Dattatrao Shinde
...
1005 WRIT PETITION NO. 7645 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Moula Mohd Nahne Died Through Lrs Mohd Rahid Mohd Moula
...
1006 WRIT PETITION NO. 7646 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Rajkumar Mangalchand Ambekar
...
1007 WRIT PETITION NO. 7647 OF 2023
17
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Digambar Santaram Kanthale
...
1008 WRIT PETITION NO. 7648 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Mohd. Idris Mohd. Abdul Rashid
...
1009 WRIT PETITION NO. 7649 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Mohan Ramrao Wagh
...
1010 WRIT PETITION NO. 7650 OF 2023
Parbhani City Municipal Corporation
VERSUS
Bharat Basantrao Harale
...
1011 WRIT PETITION NO. 7651 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Karim Ali Mohmad
...
1012 WRIT PETITION NO. 7652 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Syed Haji Syed Ismile
1013 WRIT PETITION NO. 7653 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Shivkumar Krushnarao Chokewar
...
18
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1014 WRIT PETITION NO. 7654 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Rani Gullshan Sahani Thr Gpa Chandan Gulshan Sahani
...
1015 WRIT PETITION NO. 7655 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Meer Gajanfar Ali Meer Teherali
...
1016 WRIT PETITION NO. 7656 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Mohd. Shafeeque Ahemad Khan Gulam Dastagir
...
1017 WRIT PETITION NO. 7657 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Gajanan Suryakant Bhale
...
1018 WRIT PETITION NO. 7658 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Abdul Gafar Abdul Haq Died Thr Lrs Grandson Ab. Gani Ab. Gafar
...
1019 WRIT PETITION NO. 7659 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
19
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Mohd. Areef Mohd. Bhai
...
1020 WRIT PETITION NO. 7660 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Abdul Rahim Abdul Wahab
...
1021 WRIT PETITION NO. 7661 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Dilawar Khan Daud Khan Died Thr Lrs Mujeeb Khan Dilawar Khan
...
1022 WRIT PETITION NO. 7662 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Sabiyabegum Mohd Shafeeque
...
1023 WRIT PETITION NO. 7663 OF 2023
Parbhani City Muncipal Corporation
VERSUS
Abdul Gaffar Abdul Habib
...
1024 WRIT PETITION NO. 7664 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Syed Ibrahim Syed Nabi Died Through Lrs Syed Abed Syed Ibrahim
...
1025 WRIT PETITION NO. 7665 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
M/s Haji Mohd. Haji Shakur Through Its Partner Afzal Mohd. Ashraf
Padela
...
20
901-WP-8001-2023.odt
1026 WRIT PETITION NO. 7666 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Mohd. Ibrahim Abdul Karim
...
1027 WRIT PETITION NO. 7667 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Nazir Abdul Raheman
...
1028 WRIT PETITION NO. 7682 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Gani Abdul Raheman
...
1029 WRIT PETITION NO. 7683 OF 2023
Parbhani City Municipal Corporation
VERSUS
Digambar Baburao Jadhav
1030 WRIT PETITION NO. 7684 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Sami Shaikh Usman
...
1031 WRIT PETITION NO. 7686 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ram Manu Rathod
...
1032 WRIT PETITION NO. 7687 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
21
901-WP-8001-2023.odt
Anant Narhari Ramuprikar
...
1033 WRIT PETITION NO. 7688 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Faizal Abdul Rab Yafai
...
1034 WRIT PETITION NO. 7689 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Dnyaneshwar Narhari Rampurikar
...
1035 WRIT PETITION NO. 7691 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Kalyan Venunath Jadhav Patil
...
1036 WRIT PETITION NO. 7692 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Shaikh Salam Shaikh Salim Kureshi
...
1037 WRIT PETITION NO. 7693 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Tikaram Dhondiram Bhalerao
1038 WRIT PETITION NO. 7694 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Mohd. Faheem Mohd. Ibrahim
...
1039 WRIT PETITION NO. 7695 OF 2023
22
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
M/s Ismail Umar Through Its Proprietor Idris Abdul Rauf Boghani
...
1040 WRIT PETITION NO. 7696 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Mohd. Abass Abdul Karim Died Through Lrs Grandson Mohad Jameel
Mohd. Abass And Others
...
1041 WRIT PETITION NO. 7697 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Shaikh Lal Shaikh Abdul
...
1042 WRIT PETITION NO. 7699 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Syed Moin Syedibrahim @ Mauli
...
1043 WRIT PETITION NO. 7700 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Abdul Mannan Mohd Ismail
...
1044 WRIT PETITION NO. 7701 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Padminibai Narhari Wagh
...
1045 WRIT PETITION NO. 7702 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
23
901-WP-8001-2023.odt
Parbhani
VERSUS
Laxman Ramchandra Chavhan
...
1046 WRIT PETITION NO. 7703 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Sk. Asef Sk. Khaja
...
1047 WRIT PETITION NO. 7704 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Rahim Khan Rauf Khan
...
1048 WRIT PETITION NO. 7705 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Sk. Gausoddin Bashiroddin
...
1049 WRIT PETITION NO. 7706 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Kalawatibai Ramrao Kadam
...
1050 WRIT PETITION NO. 7707 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Syed Khaja Syed Ahmed
...
1051 WRIT PETITION NO. 7713 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sayyad Afroz Syed Rasheed
24
901-WP-8001-2023.odt
...
1052 WRIT PETITION NO. 7714 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Yamunabai Anandrao Dukare
1053 WRIT PETITION NO. 7715 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Uttam Gangaram Jadhav
...
1054 WRIT PETITION NO. 7716 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Aarefa Jaker Siddiqui
...
1055 WRIT PETITION NO. 7717 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ramesh Marotrao More
...
1056 WRIT PETITION NO. 7719 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Ahemad Mohioddin
...
1057 WRIT PETITION NO. 7720 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Udhavrao Baburao Sakhare (died) Thr Lrs Vinod Udhavrao Sakhare
...
25
901-WP-8001-2023.odt
1058 WRIT PETITION NO. 7724 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohd. Ilyas Mohd. Ismail
...
1059 WRIT PETITION NO. 7725 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Shaikh Salim Shaikh Munir Qureshi
...
1060 WRIT PETITION NO. 7726 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Rahim Abdul Wahab
...
1061 WRIT PETITION NO. 7727 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Rafiq Ahmed Siddiq Ahmed
...
1062 WRIT PETITION NO. 7728 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Aslam Abdul Jaleel
...
1063 WRIT PETITION NO. 7729 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Abdulkarim Bodhani Died Through Lrs Abdul Rauf Mohd Bhai
Bogani
...
1064 WRIT PETITION NO. 7730 OF 2023
26
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Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Ravi Kumayya Sonaila
...
1065 WRIT PETITION NO. 7731 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Samad Abdul Shakur
...
1066 WRIT PETITION NO. 7732 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Chandrakant Tukaram Dahale
...
1067 WRIT PETITION NO. 7733 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Haji Abdul Razzaq Haji Isak Died Through Lrs Haji Shaikh Moosa Hai
Abdul Razzaq
...
1068 WRIT PETITION NO. 7734 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Dilip Ramchandra Mane
...
1069 WRIT PETITION NO. 7735 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Nandakishor Maikulal Kuril
1070 WRIT PETITION NO. 7736 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
27
901-WP-8001-2023.odt
Ratanlal Mohanlalji Sharma Died Through Lrs Kishor Ratanlal Shrma
...
1071 WRIT PETITION NO. 7737 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Bhimrao Nagorao Hattiambhire
...
1072 WRIT PETITION NO. 7759 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ab Jabar Ab Haq Died Through Lrs Ab Latif Ab Jabar
...
1073 WRIT PETITION NO. 7760 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Sanjay Shankarrao Bobade
...
1074 WRIT PETITION NO. 7761 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Javed Khan Maheboob Khan
...
1075 WRIT PETITION NO. 7762 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Vinod Tirthadas Ahuja
...
1076 WRIT PETITION NO. 7764 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Saud Bin Abood Amir
28
901-WP-8001-2023.odt
...
1077 WRIT PETITION NO. 7766 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohd. Aslam Mohd. Jamal Mamdani
...
1078 WRIT PETITION NO. 7767 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Prakash Bhalerao
...
1079 WRIT PETITION NO. 7768 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Abdul Wahed Abdul Majjid
...
1080 WRIT PETITION NO. 7769 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Rashid Shaikh Chimanji
1081 WRIT PETITION NO. 7770 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Akhtar Ashraf
...
1082 WRIT PETITION NO. 7772 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shyamrao Venkatrao Avad
...
1083 WRIT PETITION NO. 7773 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
29
901-WP-8001-2023.odt
Namdeo Uddhav Vavdhane
...
1084 WRIT PETITION NO. 7774 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Taufeeq Mohd. Shafeeq
...
1085 WRIT PETITION NO. 7775 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ramgopal Hariram Mandhane
1086 WRIT PETITION NO. 7776 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Sikandar Mohd. Akhtar Bhojani
1087 WRIT PETITION NO. 7779 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Shankar Gangadharrao Mathpati And Others
1088 WRIT PETITION NO. 7781 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Rahim Abdul Waheed
...
1089 WRIT PETITION NO. 7782 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Pandurang Sakharam Gavali
...
1090 WRIT PETITION NO. 7783 OF 2023
30
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Ilyas Mohd. Iftekhar
...
1091 WRIT PETITION NO. 7786 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Rajendrakumar Indrakumar Bendarkar
...
1092 WRIT PETITION NO. 7787 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Anis Mohd. Bhai Memon
1093 WRIT PETITION NO. 7789 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Suresh Rajabhau Katepalewar
...
1094 WRIT PETITION NO. 7790 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Salim Abdul Kasim
...
1095 WRIT PETITION NO. 7791 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Kishan Dayaram Jaiswal
...
1096 WRIT PETITION NO. 7792 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
31
901-WP-8001-2023.odt
VERSUS
Sami Khan Dilawar Khan
1097 WRIT PETITION NO. 7793 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shankar Rajmalu Sammeta
...
1098 WRIT PETITION NO. 7794 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Syed Ayub Syed Raza
...
1099 WRIT PETITION NO. 7795 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Mohd. Yahaya Abdul Shakur
...
1100 WRIT PETITION NO. 7796 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Bapurao Purbhaji Awchar Died Through Lrs Chaya Dattrao Awchar
1101 WRIT PETITION NO. 7797 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Irshad Ahemad Kaji
...
1102 WRIT PETITION NO. 7798 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Rajabhau Narharirao Katepallewar Did Through Lrs. Suresh Rajabhau
Katepallewar
32
901-WP-8001-2023.odt
...
1103 WRIT PETITION NO. 7799 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Pankaj Mallinath Kothekar
...
1104 WRIT PETITION NO. 7800 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohd. Jafar Mohd. Anwar
...
1105 WRIT PETITION NO. 7801 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Balasaheb Bapurao Ambhure
...
1106 WRIT PETITION NO. 7802 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Suresh Matandrao Sawai
...
1107 WRIT PETITION NO. 7803 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Govindrao Bhimrao Niras
...
1108 WRIT PETITION NO. 7804 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Mahemood Shaikh Gaffar
...
1109 WRIT PETITION NO. 7805 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
33
901-WP-8001-2023.odt
Commissioner
VERSUS
Afroz Ashraf
...
1110 WRIT PETITION NO. 7806 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Mohd. Bilal Mohd. Akhtar Bhojani
...
1111 WRIT PETITION NO. 7807 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Rajmalu Rajama Sammeta
...
1112 WRIT PETITION NO. 7808 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Jivankumar Gulabchand Zanjari
...
1113 WRIT PETITION NO. 7809 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohd. Anwar Mohd. Chunu
1114 WRIT PETITION NO. 7810 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Sheikh Mukhtar Sheikh Jabbar
...
1115 WRIT PETITION NO. 7811 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Hamid Shaikh Rahim
...
34
901-WP-8001-2023.odt
1116 WRIT PETITION NO. 7812 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Farooq Wali Mohmad
...
1117 WRIT PETITION NO. 7813 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Rauf Mohd. Bhai Bogani
1118 WRIT PETITION NO. 7814 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Ahemad Hussain Mohd. Bhai
1119 WRIT PETITION NO. 7815 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Isa Shaikh Moosa
...
1120 WRIT PETITION NO. 7816 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Syed Yusus Syed Ibrahim
...
1121 WRIT PETITION NO. 7817 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Mohd. Yasin Mohd. Bhai Memon
1122 WRIT PETITION NO. 7818 OF 2023
35
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Dilshanbano Abdul Ali Died Through Lrs Sk Isaq Sk Musa
...
1123 WRIT PETITION NO. 7819 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Zuber Abood
...
Advocate for the Petitioner : Mr. Bora Satyajit S.
1124 WRIT PETITION NO. 7820 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Abdul Khayyum Khan
...
1125 WRIT PETITION NO. 7821 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Akbar Khan Wahed Khan
...
1126 WRIT PETITION NO. 7822 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Raees Khan Ahmed Khan Pathan
1127 WRIT PETITION NO. 7823 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ali Mohd Vali Mohd Hingora
...
1128 WRIT PETITION NO. 7824 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
36
901-WP-8001-2023.odt
VERSUS
Rubina Iqbal
...
1129 WRIT PETITION NO. 7825 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohd. Ismail Mohd. Kasim Died Thr Lrs Abdul Wahab Mohd. Ismail
...
1130 WRIT PETITION NO. 7826 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Shaikh Nayeem Shaikh Chand
...
1131 WRIT PETITION NO. 7827 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Balaji Gangadharrao Dubbewar
...
1132 WRIT PETITION NO. 7828 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Siddiqui Abdul Ajij
...
1133 WRIT PETITION NO. 7829 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Isaq Shaikh Chunumiya
...
1134 WRIT PETITION NO. 7830 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Jikar Abdul Gafar
...
1135 WRIT PETITION NO. 7831 OF 2023
37
901-WP-8001-2023.odt
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Harun Abdul Razzak
1136 WRIT PETITION NO. 7832 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Shaikh Aleem Shaikh Babu
1137 WRIT PETITION NO. 7833 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Bashir Abdul Gafur Died Through Lrs Abdul Rauf Bogani
...
1138 WRIT PETITION NO. 7834 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Saroj Adinath Jain
...
1139 WRIT PETITION NO. 7835 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Mohd. Ibrahim Abdul Sattar
1140 WRIT PETITION NO. 7836 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Anwar Razzak Sarwar
1141 WRIT PETITION NO. 7837 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Akbar Khan Wahed Khan
38
901-WP-8001-2023.odt
...
1142 WRIT PETITION NO. 7838 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Pratap Bhimrao Mehtre
1143 WRIT PETITION NO. 7839 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Mohd. Raseed Mohd. Chimanji
...
1144 WRIT PETITION NO. 7840 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Khalil Ahmed Khan Manzoor Ahemad Khan Through His Power Of
Attorney Zahir Khan Shabbir Khan
...
1145 WRIT PETITION NO. 7841 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohammad Amin Abdul Razak
...
1146 WRIT PETITION NO. 7842 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Mohd. Harron Haji Sulemanhingora
...
1147 WRIT PETITION NO. 7844 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohadmmad Gaus Abdul Gaffar
...
1148 WRIT PETITION NO. 7845 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
39
901-WP-8001-2023.odt
Commissioner
VERSUS
Vinod Devrao Chavan
...
1149 WRIT PETITION NO. 7846 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohd. Osman Mohd. Ibrahim
...
1150 WRIT PETITION NO. 7847 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Haji Abdul Ansar Ahmad Abdul Hamid
...
1151 WRIT PETITION NO. 7849 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Tirthadas Vidyaram Ahuja
...
1152 WRIT PETITION NO. 7850 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Jankalayan Shikshan Prasarak Mandal Thr Its Secretary
...
1153 WRIT PETITION NO. 7851 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Deelip Dattatrya Borulkar
...
1154 WRIT PETITION NO. 7852 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Shafeeq Md Rafeeq
...
1155 WRIT PETITION NO. 7853 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
40
901-WP-8001-2023.odt
Commissioner
VERSUS
Puranmal Shriniwas Agrawal
...
1156 WRIT PETITION NO. 7854 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Shaikh Rabbani Shaikh Lal
1157 WRIT PETITION NO. 7855 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sk Wajiroddin Sk Shahaboddin Died Through Lrs Grandsons Mohd
Ibrahim Abdul Sattar And Another
...
1158 WRIT PETITION NO. 7856 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Manoj Tikamdas Tulsani
...
1159 WRIT PETITION NO. 7857 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Imtiyaz Mohd. Jamal
...
1160 WRIT PETITION NO. 7858 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Sunita Angadrao More
...
1161 WRIT PETITION NO. 7859 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sadashiv Baburao Nakhate
...
41
901-WP-8001-2023.odt
1162 WRIT PETITION NO. 7860 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shriniwas Kumarya Sonaila
...
1163 WRIT PETITION NO. 7861 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Salim Karim Patvegar
...
1164 WRIT PETITION NO. 7862 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Sayyad Maqsood Sayyad Maheboob
...
1165 WRIT PETITION NO. 7863 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Mohd. Yasin Mohd. Bhai Menon
...
1166 WRIT PETITION NO. 7864 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Dattatraya Raghoba Gundale
...
1167 WRIT PETITION NO. 7897 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Limbaji Haribhau Shisude
...
1168 WRIT PETITION NO. 7898 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
42
901-WP-8001-2023.odt
VERSUS
Mustafa Ahemad Khan Jabbar Ahemad Khan Died Thr Lrs Grandson
Asfaq Ahmed Khan Farooq Ahemad Khan
....
1169 WRIT PETITION NO. 7899 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Umar Bin Hsan Bahuja
...
1170 WRIT PETITION NO. 7900 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Rashid Khan Rauf Khan
...
1171 WRIT PETITION NO. 7901 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Vijay Nagnathrao Joshi
...
1172 WRIT PETITION NO. 7902 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ibrahim Haji Adamji Died Through Lrs Mohd Ashraf Haji Ibrahim
...
1173 WRIT PETITION NO. 7903 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Junain Abdul Razzak Bhojani
...
1174 WRIT PETITION NO. 7904 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Razzak Abdul Nabisab Died Through Lrs Abdul Wajee Abdul
43
901-WP-8001-2023.odt
Razzak
...
1175 WRIT PETITION NO. 7905 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Haribhau Dattarao Raut
...
1176 WRIT PETITION NO. 7906 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Mohd Ayub Mohd Ismil
...
1177 WRIT PETITION NO. 7907 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Shaikh Maheboob Shaikh Bashir
...
1178 WRIT PETITION NO. 7908 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Prabhakar Dattatrao Shinde
...
1179 WRIT PETITION NO. 7909 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Abdul Khalil Abdul Jalil
...
1180 WRIT PETITION NO. 7910 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Ajaz Ahemad Faiz Ahemad
1181 WRIT PETITION NO. 7911 OF 2023
44
901-WP-8001-2023.odt
Parbhani City Municipal Corporation, Through And Others
VERSUS
Suman Narayan Vagde
...
1182 WRIT PETITION NO. 7912 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Naseema Begum Mohd. Iliyas
...
1183 WRIT PETITION NO. 7913 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Salim Abdul Razzak
...
1184 WRIT PETITION NO. 7915 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner,
Parbhani
VERSUS
Syed Nazeer Syed Yaseen
...
1185 WRIT PETITION NO. 7916 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Mohd. Gaus Mohd. Usman
...
1186 WRIT PETITION NO. 7917 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Zafar Khan Musa Khan
...
1187 WRIT PETITION NO. 7918 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Shrikant Abhay Ambekar
45
901-WP-8001-2023.odt
...
1188 WRIT PETITION NO. 7919 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Mujahed Shaikh Rasheed
...
1189 WRIT PETITION NO. 7920 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shakeel Mohiyyodin Jamil Mohiyyodin
...
1190 WRIT PETITION NO. 7921 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Meenakshi Gangadhar Kolhe
...
1191 WRIT PETITION NO. 7922 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Habib Wali Mohmad
...
1192 WRIT PETITION NO. 7923 OF 2023
Parbhani City Muncipal Corporation
VERSUS
Sayyd Rizwan Sayyd Sultan
...
1193 WRIT PETITION NO. 7924 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Rahim Shaikh Burhan
...
1194 WRIT PETITION NO. 7925 OF 2023
46
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Through Its Assistant
Commissioner Dashrath Wamanrao Rathod
VERSUS
Dilipshing Bhagwanshing Chohan
...
1195 WRIT PETITION NO. 7926 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Ramesh Laxmanrao Maochi
...
1196 WRIT PETITION NO. 7927 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Abdul Samad Mohd Suleman
1197 WRIT PETITION NO. 7928 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shila Dashrath Shinde
...
1198 WRIT PETITION NO. 7929 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Bilal Abdul Sattar
...
1199 WRIT PETITION NO. 7930 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Rauf Khan Dulekhan (died) Thr Lrs Majid Khan Rauf Khan
...
1200 WRIT PETITION NO. 7931 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
47
901-WP-8001-2023.odt
Syed Mushtaq Syed Nazim
...
1201 WRIT PETITION NO. 7932 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Shaikh Chand Shaikh Husen (died) Thr Lrs Shaikh Naeem Shaikh
Chand
....
1202 WRIT PETITION NO. 7933 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Sheshrao Marotrao Konpalwar
1203 WRIT PETITION NO. 7934 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Sikandar Mohd Salim
1204 WRIT PETITION NO. 7935 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd Salim Mohd Shakur
...
1205 WRIT PETITION NO. 7936 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Sk. Nisar Sk. Musa
...
1206 WRIT PETITION NO. 7965 OF 2023
The Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Thakrasi Murjibhai Shaha
...
48
901-WP-8001-2023.odt
1207 WRIT PETITION NO. 7966 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Idris Mohd. Bhai Memon
1208 WRIT PETITION NO. 7967 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Siddique Ahmed Khan Gulam Dastagir
...
1209 WRIT PETITION NO. 7968 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Shaikh Naeem Shaikh Chand
...
1210 WRIT PETITION NO. 7969 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Mohd. Isak Mohd. Sarwar
...
1211 WRIT PETITION NO. 7970 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Javed Khan Maheboob Khan
...
1212 WRIT PETITION NO. 7971 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Mohd Asef Mohd Afzal
...
49
901-WP-8001-2023.odt
1213 WRIT PETITION NO. 7972 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Iqbal Mohd. Karimoddin
...
1214 WRIT PETITION NO. 7973 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Humera Fatema Kabir Siddiqui
...
1215 WRIT PETITION NO. 7974 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Syed Saber Ali Shah Khamar Ali Shah
...
1216 WRIT PETITION NO. 7975 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohan Rajlingaya Lingampalli
...
1217 WRIT PETITION NO. 7976 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shripad Dattre Daithankar
....
1218 WRIT PETITION NO. 7977 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Sanjay Tirthadas Ahuja
50
901-WP-8001-2023.odt
...
1219 WRIT PETITION NO. 7978 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Shaikh Mustafa Shaikh Gulam
...
1220 WRIT PETITION NO. 7979 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Dwarkabai Bhagoji Sose
...
1221 WRIT PETITION NO. 7980 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Syed Ahemad Syed Hadi Died Through Lrs Sayyad Samir Sayyad
Ahemad
...
1222 WRIT PETITION NO. 7981 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Ravindra Bhagwanrao Tak
...
1223 WRIT PETITION NO. 7982 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Sanjay Kishanrao Harne
1224 WRIT PETITION NO. 7983 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
51
901-WP-8001-2023.odt
VERSUS
Iqubal Ahemad Khan
1225 WRIT PETITION NO. 7984 OF 2023
Parbhani City Municipal Corporation Thorughits Assistant
Commissioner
VERSUS
Mohd Anwar Mohd Ibrahim Died Through Lrs Mohd Aatif Mohd Anwar
...
1226 WRIT PETITION NO. 7985 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Bashir Abdul Gaffar Died Thr Lrs Mohd. Ejaj Mohd. Iliyas
...
1227 WRIT PETITION NO. 7987 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Syed Musa Syed Abdul
...
1228 WRIT PETITION NO. 7988 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Javed Mohd. Salim
...
1229 WRIT PETITION NO. 7989 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Laeeq Mohd. Shafeeq
...
1230 WRIT PETITION NO. 7990 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
52
901-WP-8001-2023.odt
Parbhani
VERSUS
Faisal Parvez Mohd. Faizoddin
...
1231 WRIT PETITION NO. 7992 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Abdul Bashir Abdul Haq Died Thr Lrs Grandson Matin Rashid Shaikh
...
1232 WRIT PETITION NO. 7993 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Dadarao Shankarrao Kakde
...
1233 WRIT PETITION NO. 7994 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Abdul Kalaim Haji Abdul Samad
1234 WRIT PETITION NO. 7995 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Javed Abdul Sattar
...
1235 WRIT PETITION NO. 7996 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Saber Mohd. Siddiqui
...
1236 WRIT PETITION NO. 7997 OF 2023
53
901-WP-8001-2023.odt
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Gangadhar Dhorima Kolhe
...
1237 WRIT PETITION NO. 7998 OF 2023
Parbhani City Muncipal Corporation Through Its Assistant
Commissioner
VERSUS
Mohd. Issak Mohd. Yusuf
...
1238 WRIT PETITION NO. 7999 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
Parbhani
VERSUS
Mohd. Ismaael Mohd. Ameer
...
1239 WRIT PETITION NO. 8000 OF 2023
Parbhani City Municipal Corporation Thr Its Asst. Commissioner
VERSUS
Syed Nadim Haji Abdul Gafar
...
1240 WRIT PETITION NO. 8002 OF 2023
Parbhani City Municipal Corporation Through Its Assistant
Commissioner
VERSUS
Dhanaji Vitthal Lohakare
1241 WRIT PETITION NO. 8003 OF 2023
Parbhani City Municipal Corporation Thr Its Assistant Commissioner
VERSUS
Gajanan Uddhavrao Himsankar
...
.....
54
901-WP-8001-2023.odt
Mr. Bora Satyajit S., Advocate for the Petitioners in all matters
Mr. Jadhavr Ashish and Mr. D. U. Darade, Advocate for the
respective Respondents
Mr. Umakant Awale h/f Talekar and Associates, Advocate for the
respective Respondents
Mr. Pravin N. Kalani and Mr. S. M. Gunjkar, Advocate for the
respective Respondents
Mr. Patil Milind M. (Beedkar), Advocate for the respective
Respondents
Mr. Anil Basarkar, Advocate for the respective Respondents
Mr. Ashok Prakashrao Gaikwad, Advocate for the respective
Respondents
Mr. Dattatraya Katneshwarkar, Advocate for the respective
Respondents
.....
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 26.02.2026
PER COURT :
1. Heard the learned counsel for the respective parties.
2. The petitioners are aggrieved by the order passed by the learned
District Judge, Parbhani in respective Municipal Appeals, whereby the
learned District Court allowed the appeals filed by the respondents and set
aside the order passed by the Municipal Commissioner, Parbhani Municipal
Corporation.
3. Heard Mr. Satyajit Bora, learned counsel for the petitioners. He
submits that the respondent-Parbhani Municipal Corporation was
established by the State Government in the year 2011. Prior thereto, the
erstwhile Municipal Council, way back in the year 1995-96, had handed
55
901-WP-8001-2023.odt
over possession of the respective shops to the occupants. However,
according to him, no valid agreement was in force. The shop owners were
occupying the premises without any subsisting agreement and, therefore,
their occupation was unauthorized.
4. He submits that upon being satisfied that the shop owners were in
unauthorized occupation, the Municipal Commissioner granted approval
and notices dated 24.10.2016 were issued under Section 81-B(2) of the
Maharashtra Municipal Corporation Act, 1949 (for short, "the Act") by the
Deputy Commissioner, Parbhani Municipal Corporation, Parbhani, thereby
calling upon the respondents to submit their say.
5. In the said notices, it was stated that the respondents were in
unauthorized occupation and, therefore, the Municipal Corporation could
not permit such occupation. On the grounds mentioned in the notices, the
respondents were called upon to submit their explanation.
6. Thereafter, the respondent shop owners/occupants submitted their
detailed replies. The Commissioner, Parbhani, passed a detailed judgment
and order by framing 12 issues and recording findings on each of them. By
the said order, the occupants were directed to vacate and hand over
possession of the respective properties within 33 days from the date of
service of the notice.
7. The said notices and orders were challenged by the shop owners
before the learned District Court, Parbhani, by filing an appeal under
Section 81-F of the Act. The learned District Court, by observing that the
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901-WP-8001-2023.odt
Deputy Commissioner was not authorized to issue notice under Section
81-B(2) and that it is only the Commissioner who is competent to issue such
notice, and further by recording a finding that the petitioner Corporation
failed to prove that the respondents were in unauthorized occupation,
allowed the appeal and set aside the notices and the consequential orders.
8. Learned counsel for the petitioners further submits that the learned
Appellate Court has not considered the law laid down by this Court. He
invites my attention to the judgment delivered by the this Court in -
i) Ramchandra Jivatram Chetwani v. Pune Municipal Corporation &
Ors., reported in 2013 (1) ALL. M. R. 649.
ii) Anil Jayram Patil & Ors. v. State of Maharashtra & Ors., (WP
No.929/2014 dated 8th May 2015).
iii) Vinodkumar & Ors. v, Commissioner, Akola Municipal Corporation &
Ors., reported in MANU/MH/2964/2022.
iv) Janta Central Wholesale and Retail Co-operative Consumer Stores Ltd.
v. The Commissioner, Akola Municipal Corporation, reported in
MANU/MH/1905/2022.
v) Muslim Library v. The City of Nagpur Corporation, reported in
MANU/MH/2841/2023.
He further contends that the learned Appellate Court erred in holding
that the law laid down in Ramchandra Jivatram Chetwani (supra) is not
applicable to the present case.
9. On the contrary, he submits that this Court in Ramchandra Jivatram
Chetwani (supra), has considered Sections 68 and 69 of the Act and,
therefore, the learned Appellate Court committed an error while allowing
the appeal.
57
901-WP-8001-2023.odt
10. Per contra, learned counsel for the respective respondents, Mr.
Jadhavr Ashish, Mr. Umakant Awale h/f Talekar and Associates, Mr. Pravin
N. Kalani and Mr. S. M. Gunjkar, Mr. Patil Milind M. (Beedkar), Mr. Anil
Basarkar Mr. Ashok Prakashrao Gaikwad Mr. Dattatraya Katneshwarkar
support the order passed by the Appellate Court.
11. The learned counsel for the respondents submit that Section 81-B of
the Act is in two parts. Firstly, before issuance of notice, the Commissioner
has to be satisfied and only upon recording such satisfaction is the
Commissioner competent to issue notice. Secondly, the Commissioner is
required to grant an opportunity of hearing to the concerned parties and
pass an appropriate order.
12. They submit that, in the present case, there was no such satisfaction
recorded by the Commissioner and the Deputy Commissioner was not
competent to issue the impugned notices. It is further submitted that the
petitioner has not placed on record any order demonstrating that the
Commissioner had delegated powers to the Deputy Commissioner to issue
notices under Section 81-B of the Act.
13. Learned counsel further submit that it is not the case of the petitioner
that the respondents are in unauthorized occupation. On the contrary, with
the permission of the then Municipal Council, the shops were allotted to
them and possession was handed over. Therefore, they cannot be treated as
unauthorized occupants.
14. It is, therefore, contended that the learned Appellate Court has rightly
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set aside the order. They further point out that the petitioner has failed to
discharge the burden of proving that the respondents are occupying the
premises unauthorizedly. Hence, according to them, no interference is
warranted.
15. To decide the matter, it would be useful to refer to Section 81-A(d) of
the Act which reads as under:-
"81-A. Definitions.-- In this Chapter,--
a) ......
b) ......
c) ......
d) "unauthorised occupation" in relation to any Corporation
premises, means the occupation by any person of Corporation
premises without authority for such occupation; and includes
the continuance in occupation by any person of the premises
after the authority under which he was allowed to occupy the
premises has expired, or has been duly determined."
16. In the present case, there is no dispute that the premises belong to the
Municipal Corporation. There is also no dispute that the respondents were
put in possession of the premises pursuant to permission granted by the
erstwhile Municipal Council. However, it is an admitted position that no
agreement was entered into between the Municipal Corporation and the
respondent shop owners. On the date when the notices were issued, there
was no subsisting agreement executed between the petitioner-Corporation
and the respondents. Thus, admittedly, there was no document authorizing
their continued occupation. More particularly, the Municipal Corporation
had not permitted the shop owners to occupy the premises by executing any
agreement after its establishment.
59
901-WP-8001-2023.odt
Therefore, in view of Section 81-A(d) of the Act, the respondents fall
within the definition of "unauthorized occupants". Consequently, under
Section 81-B, the power is available to the Commissioner to take steps for
eviction.
17. In the facts of the present case, since the shop owners were occupying
the premises without any subsisting agreement, the Commissioner was
satisfied and, upon his approval, the Deputy Commissioner issued notices
calling upon the shop owners to submit their explanations. Pursuant thereto,
they appeared before the Commissioner and, after granting them an
opportunity of hearing, a reasoned order was passed.
18. The learned Appellate Court, however, set aside the notices solely on
the ground that the notice was issued by the Deputy Commissioner and not
by the Commissioner himself.
19. At this juncture, it would be necessary to refer to Sections 68 and 69
of the Act, which read thus:
"68. Commissioner to exercise powers and perform duties of Corporation under
other laws.
(1) Any powers, duties and functions conferred or imposed upon or vested in the
Corporation by any other law for the time being in force shall, subject to the
provisions of such law and to such restrictions, limitations and conditions as the
Corporation may impose, be exercised, performed or discharged by the
Commissioner.
(2) The Commissioner may with the approval of the Standing Committee by order
in writing, empower any municipal officer to exercise, perform or discharge any
such power, duty or function under the control of the Commissioner and subject to
his revision and to such conditions and limitations, if any, as he shall think fit to
prescribe.
69. Municipal officers may be empowered to exercise certain of the powers,
etc. of the Commissioner or the Transport Manager.
(1) Subject to the provisions of sub-sections (2) and (3), any of the powers, duties
60
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or functions conferred or imposed upon or vested in the Commissioner or the
Transport Manager by or under any of the provisions of this Act may be exercised,
performed or discharged, under the control of the Commissioner or the Transport
Manager, as the case may be, and subject to his revision and to such conditions and
limitations, if any, as may be prescribed by rules, or as he shall think fit to prescribe
in a manner not inconsistent with the provisions of this Act or Rules, by any
municipal officer whom the Commissioner or the Transport Manager generally or
specially empowers by order in writing in this behalf; and to the extent to which
any municipal officer is so empowered the word "Commissioner" and the words
"Transport Manager" occurring in any provision in this Act, shall be deemed to
include such officer.
(2) The Commissioner shall not, except with the prior approval of the Standing
Committee, make an order under sub-section (1) affecting his powers, duties or
functions under any of the following sections, sub-sections and clauses, namely :-
10(1)(h), 12(1), 18(1), 26(2), 43(2), 43(4), 43(5), 51(2), 67(3)(b), 67(3)(c),
67(3)(d), 71(2), 73, 77, 78(1), 85, 86, 87, 90, 92(2), 94, 95, 121, 122, 125, 126,
130(1)(b), 131(1), 134, 137, 144, 152, 154, 160, 174, 176, 177, 188, 195, 196,
197, 201, 205, 207, 208, 209, 210, 212, 213, 214, 216, 220, 224, 232, 243, 268,
269, 270, 272(2), 273, 274, 275, 275(1), 277, 278, 281, 298, 300, 301 303, 304,
305, 310, 317, 319, 321, 322, 323, 324, 325, 328, 329, 330, 331, 332, 363, 364,
371(2), 373, 386(2), 439(3), 439(4), 441, 442, 445, 466, 481 except clause (a) of
sub-section (1).
(3) The Transport Manager shall not, except with the prior approval of the
Transport Committee, make an order under sub-section (1) affecting his powers,
duties or functions under any of the following provisions, namely -
43(5), 67(4)(b), 67(4)(c), 71(2), 73, 97, 344, 346, 348, 354, 355, 356, 358, 362,
481 except clause (a) of sub-section (1)."
20. Therefore, upon considering Section 68, it provides that any powers,
duties and functions conferred or imposed upon or vested in the
Corporation by any other law for the time being in force shall, subject to the
provisions of such law and to such restrictions, limitations and conditions as
the Corporation may impose, be exercised, performed and discharged by the
Commissioner. Sub-section (2) further clarifies the scope of such exercise.
21. Section 69, on the other hand, specifically deals with delegation of
powers by the Commissioner in accordance with the provisions mentioned
therein, but Section 81 is not mentioned in Section 69.
22. In fact, this issue is no more res integra. This Court, while considering
the case of Ramchandra Jivatram Chetwani (supra), in a similar set of facts
and after considering Sections 81-A(d), 81-B, 68 and 69 of the Act, has held
61
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in paragraphs nos.2 to 9 as under:
2] Each of these contentions have been found to be without merit by both the
authorities. The sections which are material for my purpose are Section 81A and
81B of the BPMC Act.
They read thus:
"81A. Definitions:- In this Chapter;-
(a) "Commissioner" in the event of any Corporation having
established or acquired, or establishing or acquiring, a Transport
Undertaking, in relation to the premises of the corporation which
vest in or are held by it for the purpose of the Transport
Undertaking, means the Transport Manager;
(b) "Corporation premises" means any premises belonging to, or
vesting in, or taken on lease, by the Corporation;
(c)"regulations" means regulations made by the Commissioner
under section 81-I, lease, by the Corporation;
d) "unauthorised occupation" in relation to any Corporation
premises, means the occupation by any person of Corporation
premises without authority for such occupation; and includes the
continuance in occupation by any person of the premises after the
authority under which he was allowed to occupy the premises has
expired or has been duly determined."
"81B. Power to evict persons from Corporation premises:- (1) Where the
Commissioner is satisfied:-
(a) That the person authorised to occupy any Corporation
premises has, whether before or after the commencement of the
Bombay Provincial Municipal Corporations (Second Amendment)
Act, 1969 (Mah.VIII of 1970);-
(i) not paid for a period of more than two months, the
rent or taxes lawfully due from him in respect of such
premises; or
(ii) sub-let, contrary to the terms and conditions of his
occupation, the whole or any part of such premises; or
(iii) committed, or is committing, such acts of waste as
are likely to diminish materially the value or impair
substantially the utility, of the premises; or
(iv)otherwise acted in contravention of any of the terms,
express or implied, under which he is authorised to
occupy such premises;
(b) that any person is in unauthorised occupation of any
Corporation premises;
(c)that any Corporation premises in the occupation of any person
are required by the Corporation in public interest,
the Commissioner may, by notice served by post, or by affixing a
copy of it on the outer door or some other conspicuous part of
such premises, or in such other manner as may be provided for
62
901-WP-8001-2023.odt
by regulations, order that person, as well as any other person
who may be in occupation of the whole or any part of the
premises, shall vacate them within one month of the date of the
service of the notice.
(2) Before an order under sub-section (1) is made against any person, the
Commissioner shall issue, in the manner hereinafter provided, a notice in
writing calling upon all persons concerned to show cause why an order of
eviction should not be made.
The notice shall;
a) specify the grounds on which the order of eviction is proposed to be
made, and
(b) require all persons concerned, that is to say, all persons who are or
may be in occupation or, of claim interest in, the Corporation premises,
to show cause against the proposed order, on or before such date as is
specified in the notice.
If such person makes an application to the Commissioner for the extension
of the period specified in the notice, the Commissioner may grant the same
on such terms as to payment and recovery of the amount claimed in the
notice, as he deems fit.
Any written statement put in by any person and documents produced, in
pursuance of the notice, shall be filed with the record of the ecase, and such
person shall be entitled to appear before the Commissioner by Advocate,
attorney or other legal practitioner.
The notice to be served under this sub-section shall be served in the manner
provided for the service of a notice under sub-section (1); and thereupon,
the notice shall be deemed to have been duly given to all
persons concerned;
(3) If any person refuses or fails to comply with an order made under sub-
section (1), the Commissioner may evict that person and any other person
who obstructs him and take possession of the pemises; and may for that
purpose use such force as may be necessary.
(4) The Commissioner may, after giving fourteen clear days' notice to the
person from whom possession, of the Corporation premises has been taken
under sub-section (3) and after publishing such notice in the Official Gazette
and in at least one newspaper circulating in the locality, remove or cause to
be removed, or dispose of by public auction any property remaining on such
premises. Such notice shall be served in the manner provided for the service
of a notice under sub-section (1).
(5) Where the property is sold under sub-section (4), the sale proceeds shall,
after deducting the expenses of sale, be paid to such person or persons as
may appear to the Commissioner to be entitled to the same;
Provided that, where the Commissioner is unable to decide as to the person
or persons to whom the balance of the amount is payable or as to the
apportionment of the same, he shall refer such dispute to a civil court of
competent jurisdiction, and the decision of the court thereon shall be final.
(6) If a person, who has been ordered to vacate any premises under sub-
clause (I) to (iv) of clause (a) of sub-section (1), within one month of the
date of service of the notice, or such longer time as the Commissioner may
allow, pays to the Commissioner the rent and taxes in arrears or as the case
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901-WP-8001-2023.odt
may be, carries out or otherwise complies with the terms contravened by
him to the satisfaction of the Commissioner, the Commissioner shall on such
terms, if any (including the payment of any sum by way of damages or
compensation for the contravention aforesaid), in lieu of evicting such
person under sub-section (3) cancel his order made under sub-section (1);
and thereupon such person shall continue to hold the premises on the same
terms on which he held them immediately before such notice was served on
him."
3] A bare perusal of Section 81A would indicate that the term Commissioner that is
defined therein is in the event of any Corporation having established or acquired or
establishing or acquiring transport undertaking, in relation to the premises of the
Corporation which vest in or are held by it for the purpose of transport
undertaking, means the Transport Manager. Now this definition is only to facilitate
that person to exercise the powers under Chapter VIII-A and because of any
technical objections with regard to his authority that he should not be held to be
possessing no such power that the Legislature clarifies that if the Corporation has
established or acquired or establishing or acquiring a transport undertaking, then,
in relation to the premises of the Corporation, which vest in or held by it for the
purpose of transport undertaking, the Transport Manager would be termed as the
Commissioner. Thus, to enable eviction from the premises of the Corporation which
are made over for the purpose of such transport undertaking, that this definition is
provided and equally to designate the transport Manager as an authority to exercise
power under Chapter VIII-A that his name appears in the definition.
4] Beyond that what the Act provides by Section 69 is as under:-
"69. Municipal Officers may be empowered to exercise certain of the
powers, etc. of the Commissioner or the Transport Manager:- (1)
Subject to the provisions of sub-sections (2) and (3), any of the
powers, duties or functions conferred or imposed upon or vested in
the Commissioner or the
Transport Manager by or under any of the provisions of this Act may
be exercised, performed or discharged under the Control of the
Commissioner or the Transport Manager, as the cse may be, and
subject to his revision and to such conditions and limitations, if any,
as may be prescribed by rules, or as he shall think fit to prescribe in a
manner not inconsistent with the provisions of this Act or Rules, by
any municipal officer whom the Commissioner or the Transport
Manager generally or specially empowers by order in writing in this
behalf; and to the extent to which any Municipal Officer is so
empowered the word "Commissioner" and the words "Transport
Manager" occurring in any provision in this Act, shall be deemed to
include such officer.
2) The Commissioner shall not, except with the prior approval of the
Standing Committee, make an order under sub-section (1) affecting
his powers, duties or functions under any of the following sections,
sub-sections and clauses, namely:-
10(1)(h), 12(1), 18(1), 26(2), 43(2), 43(4), 43(5), 51(2), 67(3)(b),
67(3)(c), 67(3)(d), 71(2), 73, 77, 78(1), 85, 86, 87, 90, 92(2), 94,
95, 121, 122, 125, 126, 130(1), 131(1), 134, 137, 144, 152, 154,
160, 174, 176, 177, 188, 195, 196, 197, 201, 205, 207, 208, 209,
210, 212, 213, 214, 216, 220, 224, 232, 243, 268, 269, 270, 272(2),
273, 274, 275, 275(1), 277, 278, 281, 298, 300, 301, 303, 304, 305,
310, 317, 319, 321, 322, 323, 324, 325, 328, 329, 330, 331, 332,
363, 364, 371(2), 373, 386(2), 439(3), 439(4), 441, 442, 445, 466,
481 except clause (a) of sub-section (1);
5] Section 69 follows section 68. Section 68 states that the Commissioner to
exercise powers and perform duties of Corporation under other laws. Then comes
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901-WP-8001-2023.odt
section 69, which states that Municipal Officers may be empowered to exercise
certain powers etc. of the Commissioner or Transport Manager.Therefore, subject to
the provisions of sub-sections 2 and 3, any of the powers, duties or functions
conferred or imposed upon or vested in the Commissioner or Transport Manager by
or under any of the provisions of this Act may be exercised, performed or
discharged under the Control of the Commissioner or Transport Manager as the
case may be, by any Municipal Officer whom the Commissioner or Transport
Manager generally or specifically empower by or any writing in this behalf.
6] It is not the contention of Mr.Deshmukh or Mr.Dani that there is no general
delegation in favour of the authority or officer passing impugned orders. In this
case, the orders have been passed by the Deputy Commissioner, Land Acquisition
and Estate Management, of Pune Municipal Corporation. The argument is not that
there is no delegation in his favour at the given or relevant time. The argument is
that such delegation would not enable him to exercise powers under Chapter VIII -
A of the Act as such powers are quasi judicial in nature and they have to be
specifically delegated. That provision finding no place under section 81(1), that the
power to evict could not have been exercised by him.
7] It is not possible to accept this argument. In fact what the Supreme Court holds
in the case of Bombay Municipal Corporation Vs. Dhondu Narayan Choudhary
(A.I.R. 1965 S.C. 1486) would squarely apply in this case. In that decision, the
Supreme Court was considering a challenge to the order of eviction from the
Bombay Municipal Corporation premises. The proceedings were initiated by one of
the officers to whom the powers of Commissioner were delegated in terms of
general delegation flowing from section 68 which is more or less similarly worded
as sub-section 1 of section 69 of the BPMC Act. The argument was that the orders
have not been passed by the Commissioner. The judicial function of the
Commissioner had been delegated under the Commissioner's control and subject to
his revision. The City Civil Court (Appellate Authority) in that case, held that the
officer who has passed the order was not properly invested with the jurisdiction
and, therefore, his order was a nullity. The same contention as was raised by
Mr.Deshmukh and supported by others was raised before the Supreme Court.
8] The Supreme Court reproduced section 68 and other sections and then held that
sub-sections 1 and 2 of section 68 would refer to several provisions which include
section 105B to E. Therefore, they cover delegation of judicial power. In para 3
of this decision, the Supreme Court held thus:-
"3. No question has been raised that any of the amendments is ultra
vires so the words of section 68 must be reasonably construed. It
goes without saying that judicial power cannot ordinarily be
delegated unless the law expressly or by clear implication permits it.
In the present case the amendment of section 68 by inclusion of
delegation of the functions of the Commissioner under sections 105-
B to 105-E does indicate the intention that the judicial or quasi
judicial powers contained in Chapter 6-a were expressly intended to
be delegated. The the delegation as such there can be no objection.
What is objected to is the provision, both in the section as well as in
the order of delegation, that the exercise of the function is to be
under "the Commissioner's contrtol" and "subject to his revision".
These words are really appropriate to a delegation of administrative
functions where the control may be deeper than in judicial matters.
In respect of judicial or quasi judicial functions these words cannot
of course bear the meaning which they bear in the delegation of
administrative functions. When the Commissioner stated that his
functions were delegated subject to his control and revision it did
not mean that he reserved to himself the right to intervene to impose
his own decision upon his delegate. What those words meant was
that the Commissioner could control the exercise administratively as
to the kinds of cases in which the delegate could take action or the
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period or time during which the power might be exercised and so on
and so forth. In other words, the administrative side of the delegate's
duties were to be the subject of control and revision but not the
essential power to decide whether to take action or not in a
particular case. This is also the intention of section 68 as interpreted
in the context of the several delegated powers. This is apparent from
the fact that the order of the delegate amounts to an order by the
Commissioner and is appealable as such. If it were not so the appeal
to the Bombay City Civil Court would be incompetent and the order
could not be assailed. The order of the delegate was the order of the
Commissioner and the control envisaged both in section 68 and the
order of delegation was not control over the decision as such but
over the administrative aspects of cases and their disposal. No
allegation has been made that the Commissioner intervened in the
decision of the case or improperly influenced it. In these
circumstances the order impugned in the appeal cannot be
sustained."
9. To my mind, it is not as if the Supreme Court has held that there has to be
reference to the provisions, enabling the eviction from Municipal Premises, in the
Authority to delegate or empowerment to exercise the powers of the Commissioner
and general wording of sub-section 1 of section 69 in this case would be of no
assistance. The Supreme Court has relied upon general power and the general or
special empowerment by order in writing is the requirement and based on which
any of the powers, duties or functions conferred or imposed or vested in the
Commissioner may be exercised, performed or discharged under his control and
subject to such conditions and limitations, if any, as may be prescribed by rules by
any Municipal Officer, whom the Commissioner may specifically or generally
empower by an order in Writing in this behalf. Therefore, far from assisting, the
observations of the Supreme Court in para 3 of this decision, would militate against
the submission that there has been no delegation in favour of Deputy Municipal
Commissioner. He cannot be said to be usurper or a stranger to the Act or the
authority envisaged thereby. He is no stranger to the Corporation but is very much
an officer of the Corporation. If there is a general delegation by an order in writing
empowering him to exercise the powers and that is not disputed,then, to my mind,
the order passed by the Deputy Municipal Commissioner in this case cannot be
faulted."
23. This Court has referred the judgment of Ramchandra Jivatram
Chetwani (supra) while pronouncing judgment in the case of Anil Jayram
Patil (supra) and recorded findings in para no.17 to 25, which read as
follows:
17. Once this Court has already taken a view in the above referred judgment, no
contrary view of the Apex Court is brought to the notice of this Court, so as to
dislodge the said judgment. The Court, while dealing with the scheme under section
69 of the Act has observed that the Deputy Municipal Commissioner or an officer of
the Corporation, in whom the powers are delegated, cannot be termed as usurper of
the powers or a stranger to the Act. The Court has further proceeded to observe that
if there is general delegation by an order in writing empowering the officer to
exercise the powers and unless the same is disputed, then the order passed by such
officer cannot be faulted.
18. In the factual background of the present case, it is required to be noted that the
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respondent - Commissioner has, in express terms, delegated the powers to the
concerned officers, as is apparent from the orders issued by the Commissioner on
18" April, 2012 authorizing Sajid Pathan, Deputy Commissioner (General
Administration), for conducting an inquiry and granting hearing in relation to the
occupants from the old B.J. market; Dr. Babasaheb Ambedkar market; Bhoite
market, Mr Bhalchandra Behere, Deputy Commissioner (Revenue), in relation to
Mahatma Phule market, Ramlal Chobe market and Mr Dhamne, Joint Director
(Town Planning) for Central Phule market. While ordering delegation, the
Commissioner was alive to the fact about coming to an end the occupancy rights of
the petitioners/occupants on 31% March, 2012, the Commissioner as such, directed
the said officers to conduct an hearing in the matter and submit their reports. The
respective officers, named above, admittedly have conducted the hearing in the
matter, pursuant to the notice issued by the Commissioner. The Commissioner, while
ordering the eviction of the petitioners under section 81-B of the Act has taken into
account the above factual background, the explanation tendered by the
petitioners/occupants to the notice, the opportunity given to the petitioners
pursuant to the general body resolution No.1231 on 5" January, 2012, not
honouring the said offer by the petitioners and the hearing given to the petitioners
through the Advocate. The Commissioner then inferred that the petitioners have
failed to explain their possession to be lawful and as such, declared them trespassers
and ordered their eviction.
19. The order of the Commissioner also contains the penalty/ damages.
20. The petitioners, feeling aggrieved thereby, preferred appeals before the District
Judge, Jalgaon and the learned District Judge has passed common judgment dated
2nd January, 2014, dismissing the appeals. The learned District Judge, while dealing
with the appeals, has considered the grounds raised before him. The District Judge
also considered the issue, whether the possession of the petitioners over shops in
question is legal and proceeded to pass an order dismissing the appeals after
considering the points formulated for determination.
21. The important aspect of the matter, as regards the burden on the petitioners to
prove that their possession was lawful after expiry of twenty years occupancy
period, was not at all discharged by them. The eventualities to that effect taken note
of and discussed in the judgment of this Court in the matter of Ramchandra
Jivatram Chetwani through power of attorney holder Mrs Poonam Deepak Amar
(cited supra) are worth relying upon. This Court, in paragraphs 12, 13 and 14 of the
said judgment, has observed thus:-
12] Equally, there is no merit in the contention that the petitioners
cannot be evicted once they were ready and willing to pay the amounts
of rent or compensation charged by the Municipal Corporation in relation
to the Municipal Premises. The argument is that the Corporation in fact
performs a social duty in allotting shop premises to needy persons like
the petitioners and, therefore, even if the initial period comes to an end
as long as the petitioners are ready and willing to pay the amount and
have offered the same for continuation in the premises, then, that would
not mean that they are unauthorized occupants.
13] This argument is only stated to be rejected because in all cases what
has been found as a fact by the authorities is that the Municipal Premises
were allotted for a specific period to all the allottees like the petitioners.
That period has come to an end. There is no renewal of the term. In such
circumstances, each of the premises being located in prime locality and
having tremendous market value are sought to be disposed of by the
Corporation by inviting bids from the public. There is no question of the
petitioners, then continuing and once their authority to occupy and use
the same having come to an end. None of the petitioners could produce
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any documents which would enable them to urge that their offer or
payment made is stated to be in terms of the lease or the initial authority
to occupy and, therefore, the premises are continued in their possession
and occupation as an allottee or lessee, claiming through the
Corporation. In fact in the case of Ramchandra Chetwani, the allegation
is that the lease period has expired. The authority has come to an end.
The person is in occupation without any authority from 1st April 1994
and such prolonged occupation was termed as unauthorized and illegal
and sought to be put an
end to. To my mind, once the allotments have been made for a specific
period and the period has come to an end, then, even if some sporadic
payments have been made and accepted is no ground to hold that the
occupation is authorized and not unauthorized as claimed by the
Corporation. The table or chart which has been set out in para 14 of the
order of the learned Judge would indicate as to how each of the
occupant was inducted way back in the premises but their authority to
occupy the same has come to an end either in 1994 or 2004.
There is no question of renewal in their favour. In these circumstances, it
is no good contending that the premises are lawfully occupied and
possessed by the petitioners.
14] Lastly, a faint attempt is made by urging that the order is passed not
in terms of sections 81-B but in terms of the Rules which are framed in
2008 and which are under challenge in this Court. The order read
completely and properly would indicate that it is in terms of the powers
to evict persons from
Corporation premises under section 81-B, that it has been passed. The
reference to rules has been made only with a view to show that even
after the period has come to an end and has expired by efflux of time,
none of the persons in occupation have in terms of the 2008 rules sought
lease in their favour and such lease has nct been granted in terms of the
rules. It is only to buttress and support the conclusion that the premises
are in unauthorized use and occupation that the reference is made to the
Rules. Beyond that it cannot be said that Rules are the source of power
and not section 81-B."
22. In view thereof, in my opinion, the possession as is sought to be established by
the petitioners to be lawful, is contrary to the record and the evidence sought to be
relied upon by them.
23. In my opinion, the case of the petitioners is squarely covered by the judgment in
the matter of Ramchandra Jivatram Chetwani through power of attorney holder Mrs
Poonam Deepak Amar (cited supra) and the judgment rendered by the learned
Single Judge of this Court in Writ Petition No.7977 of 2013.
24. Once it is held that there are express powers in the statute to delegate and said
powers are exercised by the authority in lawful manner, it is required to be noted
that the aspect of institutional hearing is rightly taken recourse to, in the light of the
judgment of the Apex Court (cited supra), when more than 1200 shop owners are
sought to be evicted. The observations of this Court on the said issue, particularly in
the background of the law laid down by the Apex Court, in the matter of Kalinga
Mining Corporation, Canara Bank (cited supra) and C. Albert Morris vs. K.
Chandrasekaran & ors., reported in (2006) 1 SCC 228, are worth relying upon.
25. Apart from above, denial to give an opportunity of hearing or non-supply of
documents, has not been established before this Court, so as to demonstrate any
prejudice to the petitioners. Apart from above, it is required to be noted that the
contention, that the proceedings under section 451 are pending before the State
Government is of hardly any assistance to the petitioners as the order which is under
consideration before the State Government was never sought to be relied upon by
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the petitioners so as to protect their possession and it is used as a tool in the present
case to raise a ground to protract the proceedings.
24. The Co-ordinate Bench of this Court in the matter of Vinodkumar
(supra) has held in paragraph nos.16 to 19, which read as follows:-
16. Mr. Bhandarkar, learned Advocate for petitioners, placed heavy reliance
upon the communication dated 11.08.1997, which called upon petitioners
to pay increased rent of Rs. 21,000/- per year and receipt dated 15.09.1999
paying amount of Rs. 21,000/-as increased rent. According to him, such
communication and increased rent payment would indicate that the
petitioners' occupation is not unauthorised. It is well settled that the
Municipal Corporation being a statutory body, was required to act in
accordance with the provisions of the Act. The Bombay Provincial Municipal
Corporation Act provides for the disposal of municipal properties. The
manner of disposal of municipal property is also provided under the
provisions of the Act. Undisputedly, the procedure contemplated by the Act
has not been followed by the Municipal Corporation while calling upon
petitioners to pay an increased rent. Mere payment of the increased amount
of rent, as demanded by the Chief Executive Officer, would not ipso facto
term the occupation of petitioners as that of the lessee. The petitioners
would be entitled to claim their rights as lessee only upon execution of the
registered lease deed in their favour after following provisions of the Act.
Mere payment of increased rent after the expiry of the lease does not revive
the status of the lessee. The Single Judge of this Court in the case of
Ramchandra Jivatram Chetwani through the power of attorney holder Mr.
Poonam Depak Amar Vs. Pune Municipal Corporation and Ors. reported in
MANU/MH/1893/2012: 2013(1) Mh.L.J. 245 has held that even though
there is a periodic payment to the Corporation, that by itself has no ground
for the continuation of the occupation.
17. The next contention on behalf of petitioners is the lack of disclosure of
the fact, which led to the issuance of notice under Section 81-B of the Act.
According to the petitioners, the previous events which led to the issuance
of the notice under Section 81-B were material and, therefore, ought to
have been mentioned in the notice issued under Section 81-B of the Act.
The law on the issuance of statutory notice is clear. The Authority acting
under the provisions of the statute is required to issue statutory notice by
disclosing those facts which are necessary to be stated expressly under the
provisions of the Act. For issuance of the notice under Section 81-B of the
BPMC Act, the fact relevant for issuance of notice was the unauthorised
occupation of a person.The historical facts that led to the issuance of notice
under Section 81-B of the BPMC Act may or may not be stated. There
cannot be any legal prejudice caused to the petitioners by the absence of
mention of historical facts in the notice as petitioners were essentially called
upon to demonstrate their status to occupy the municipal property. The
scope of enquiry of proceedings under Section 81-B of the BPMC Act is to
ascertain the nature of possession of the occupant. If the occupant proves
that he is holding the municipal property under the authority of law, the
Municipal Corporation cannot initiate proceedings under Section 81-B on
the ground of the person being in unauthorised possession.
18. In the facts of the present case, undisputedly, there is no registered lease
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deed executed in favour of petitioners, and, therefore, the Municipal
Corporation/Municipal Commissioner was fully justified in issuing the
notice under Section 81-B of the BPMC Act.
19.The District Court, while dismissing the appeal, has considered all issues
in detail and after considering the effect of the order of the Hon'ble Apex
Court and the resolution passed by the Planning and Development
Committee and also considering provisions of Bombay Provincial Municipal
Corporation Act, 1949, recorded a categorical finding that the occupation of
petitioners is that of the unauthorised occupant. on perusal of the findings
and the reasoning of the District Court in the impugned judgment, the
findings cannot be termed as perverse. Therefore, there is no miscarriage of
justice by dismissing the petitioners' appeal. Therefore, there is no merit in
the petition."
25. Coming back to the finding recorded by the learned Appellate Court
in paragraph nos.53, 60 to 63 of its judgment, wherein it has recorded a
finding that the law laid down in the case of Ramchandra Jivatram
Chetwani (supra) is not applicable to the present case. The paragraph nos.
53, 60 to 63 of the judgment of Appellate Court read as under:-
"53. In the case of Ramchandra Chetwani (cited supra), it is mentioned in para
No.7 of the citation that it is not the contention of Mr. Deshmukh or Mr. Dani that
there is no general delegation in favour of authority or officer, passing impugned
orders. In the cited case, the orders have been passed by the Deputy Commissioner
Land Acquisition and Estate Management of Pune Municipal Corporation.The
argument was not before the Hon'ble High Court that there is no delegation in
favour of the Deputy Commissioner. The argument before the Hon'ble High Court
was that such delegation would not enable the Deputy Commissioner to exercise
powers under Chapter VIII-A of the Act as such powers are quasi judicial in nature
and they have to be specifically delegated. In the case at hand, there is no such
delegation of powers to the Deputy Commissioner to issue said notice or order. In
the cited case, it was admitted that powers were delegated to the Deputy
Commissioner but according to the appellants, said powers would not enable the
Deputy Commissioner in the cited case to exercise powers under Chapter VIII-A of
the Act. It means in the cited case there was delegation of power. But in the case at
hand, there is no delegation of powers. The Hon'ble High Court observed in para
No.10 of the citation that the Deputy Commissioner is no stranger to the
corporation. If there is general delegation by an order in writing empowering him to
exercise the powers and that is not disputed, then the order passed by the Deputy
Municipal Commissioner in the cited case can not be faulted with. It means in the
cited case admitted position is that there was a general delegation by an order in
writing empowering deputy Commissioner to exercise the powers. The Hon'ble High
Court held if there is a general delegation by an order in writing empowering him to
exercise the powers then the order passed by the Deputy Municipal Commissioner
can not be faulted with.
60. In the case of Ramchandra Chetwani, (cited supra) the allegations were that
lease period had come to an end. Authority of petitioner therein was come to an end
to retain possession of demised premises. There was no renewal of term of
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occupation. Petitioner therein was in occupation without any authority from
01.04.1994 and such prolonged occupation was termed as unauthorized and illegal
and sought to be put to an end. It is contention of the appellants for which Learned
Adv. Shri D.U.Darade is appearing that some are in possession of their respective
demised premises since the year 1980, some are since the year 1986 and some are
since the year, 1993 but such recital is not in the impugned Judgment and order.
There is no document or any agreement mentioned in the impugned Judgment and
order showing any terms and conditions of any agreement between the parties. It is
also not mentioned in the impugned Judgment and order any term and condition of
any agreement between the party is breached. In absence of any agreement
described in impugned order, it can not be concluded that possession of respective
appellants on their respective demised premises is unauthorized. Nothing is brought
on record before the Learned Commissioner and before this Court as to why no oral
as well as documentary evidence is lead by the respondent before the Learned
Commissioner. Therefore, it can not be concluded that possession of the appellants
is unauthorized. Hence, the facts and circumstances of the cited case and case at
hand are not similar with each other.
61. There is no document referred in the Judgment and order of the
Commissioner regarding induction of appellants in respective demised premises on
any specific date and for any specific period. After going through the order of the
Commissioner, it appears that no oral evidence is lead and no documentary evidence
referred and relied upon by the respondent.
62. The Learned Advocate for the appellants submitted that the Learned
Commissioner wrongly recorded findings to all the issues and therefore, he lastly
submitted to allow the appeals.
63. Perused issue No.1. It is whether the notices issued by the Deputy
Commissioner are maintainable just because it is issued by Deputy Commissioner
without rightful delegation from Commissioner. The Learned Commissioner
recorded finding to issue No.1 in affirmative. The reasons given to issue No.1 is that
in view of citation in the case of Ramchandra Chetwani, the said issue is decided in
entirety. In view of my discussion here-in-before, 1 am of the considered view that
the Learned Commissioner wrongly came to the conclusion that the said notice is
just and proper."
26. However, the learned Appellate Court, in paragraph No. 25 of its
judgment, recorded a finding that the petitioner-Corporation failed to prove
before the Commissioner that any agreement entered into with the
respondents had come to an end. By observing that, in the absence of proof
of termination of any agreement on a specific date, the order passed by the
Commissioner was unsustainable, the learned Appellate Court held that
since the shop owners were in possession of the respective premises, the
Commissioner ought not to have passed the order of eviction and,
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accordingly, set aside the same.
27. Considering the reasoning recorded by the learned Appellate Court, it
appears that the findings are not based on the correct legal position,
particularly while interpreting Section 81-A(d) and 81-B of the Act. The
learned Appellate Court has failed to consider the law laid down by this
Court in Ramchandra Jivatram Chetwani (supra) and Anil Jayram Patil
(supra).
28. In fact, once it is established that there was no subsisting agreement
authorizing the respondents to continue in occupation, the burden shifts
upon the respondents to demonstrate the authority under which they are
occupying the premises. Instead, the learned Appellate Court shifted the
burden upon the petitioner-Corporation and, on that basis, allowed the
appeal.
29. Therefore, I find that interference with the order passed by the
learned Appellate Court is warranted. Hence, the following order is passed:-
ORDER
(i) The Writ Petition is allowed.
ii) The orders passed by the learned District Judge, Parbhani are quashed and set aside.
(iii) The respondents-shop owners are at liberty to file appropriate applications before the Municipal Commissioner for execution of fresh agreements.
(iv) If such applications are filed, the Municipal Commissioner shall consider and decide the same on their own merits, in 72 901-WP-8001-2023.odt accordance with law, within a period of three months from today.
(v) Till the Commissioner takes a decision on such applications, no coercive steps shall be taken to evict the respondents.
[SIDDHESHWAR S. THOMBRE, J.] 73