Court Directs Government to Expedite Decision on Conversion of Pimpalgaon Baswant Gram Panchayat.  
                                
                                
                                
                                
                             
                            
                                
                             
                            
                                
                              
                                
                                Summary of Judgement
                                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.
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Hearing and Rule Issuance
- The court heard the learned counsel for both parties and issued a rule, returnable forthwith with consent.
 
 
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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.
 
 
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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.
 
 
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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.
 
 
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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.
 
 
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Mandamus Limitation
- The court cannot compel the government to issue the final notification but can direct it to consider objections and make a decision.
 
 
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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.
 
 
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Conclusion
- The rule is made absolute with no order for costs.
 
- All concerned to act on an authenticated copy of this order.
 
 
                             
                                                                                    
                            
                                                        
                             
                                                            Case Title: Satish Sahebrao More Versus The District Collector Ors. 
                                                                                        Citation: 2024 Lawtext (BOM) (6) 122
                                                                                        Case Number: WRIT PETITION NO. 3290 OF 2023
                                                                                                                    Advocate(s): for the petitioner Mr Rameshwar N Gite, with Rohit  Gorade & Sushant Tare. for respondents  nos. 1 & 2-state Mr SR Crasto, AGP. for respondent no. 3 Ms Smita Qaidhani.
                                                                                    
                            
                                Date of Decision: 2024-06-12