Case Note & Summary
The petitioner sought a writ of mandamus directing the government to expedite the decision on converting Pimpalgaon Baswant Gram Panchayat to a Municipal Council, per a notification dated 22nd March 2007. The court directed the government to consider the objections received and decide on issuing the final notification by 11th September 2024. The decision must also be communicated to the petitioner by the same date. No costs were awarded, and the rule was made absolute.
Hearing and Rule Issuance
The court heard the learned counsel for both parties and issued a rule, returnable forthwith with consent.Petitioner's Relief Sought
Relief (a): Writ of Mandamus to expedite the decision on the proclamation dated 22nd March 2007 for converting Pimpalgaon Baswant Gram Panchayat to a Municipal Council. Relief (b): Writ of Mandamus to expedite steps based on a letter dated 15th June 2016 regarding the same conversion.Notification and Provisions of the Act
Notification Issuance: On 22nd March 2007, the government issued a notification under the Maharashtra Municipal Councils, Nagar Panchayat, and Industrial Townships Act, 1965, for converting Pimpalgaon Baswant to an urban area. Objections Invited: The notification invited objections within 30 days.Objections and Government's Obligation
Forwarding of Objections: The petitioner claimed objections were forwarded to the government, a fact confirmed by the learned AGP. Section 3 of the Act: Details the process for specifying areas as smaller urban areas, including inviting and considering objections.Completion of Processes
The processes under subsections (3) and (4) of Section 3 were substantially completed. The government must consider objections and decide on issuing the final notification under subsection (5) of Section 3.Mandamus Limitation
The court cannot compel the government to issue the final notification but can direct it to consider objections and make a decision.Court's Directive
Direction to Government: The government must consider the objections and decide on issuing the final notification by 11th September 2024. Communication to Petitioner: The government must communicate its decision to the petitioner by the same date.Conclusion
The rule is made absolute with no order for costs. All concerned to act on an authenticated copy of this order.
Issue of Consideration: Satish Sahebrao More Versus The District Collector Ors.
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