Bombay High Court
MUKUL B. SAPTEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
When the notice underlying a challenge under Section 471 of the MMC Act is withdrawn, the pending applications become infructuous and must be dismissed.
Summary
The applicants challenged an order issued by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888, which was based on a notice issued under Section 353A of the same Act. The Corporation (Respondent No.2) informed the Court that it intended to withdraw the impugned notice and would file appropriate applications before the Magistrate. The applicants consented to the withdrawal and moved that the pending applications be dismissed as they had become moot. The Court examined whether any cause of action remained after the Corporation's decision to withdraw the notice. Finding that the withdrawal nullified the basis of the challenge, the Court held that there was nothing left to adjudicate. Consequently, the Court ordered the applications to be disposed of as infructuous and all pending applications to be dismissed. The order reflects the principle that a claim becomes untenable when the underlying statutory notice is withdrawn.
Issues considered
- The effect of the withdrawal of a notice issued under Section 353A of the MMC Act on pending applications challenging an order passed under Section 471 of the MMC Act.
Legislation cited
- Mumbai Municipal Corporation Act, 1888 — s. 353A, 471
Subjects
- withdrawal of notice
- infructuous application
- Mumbai Municipal Corporation Act
- Section 353A
- Section 471
- municipal corporation
- court order
Judgment
3-APL-1659-2019 (CR).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1659 OF 2019
Samir S. Sagwekar ...Applicant
VERSUS
The State Of Maharashtra And Anr ...Respondents
WITH
Digitally signed
CRIMINAL APPLICATION NO. 330 OF 2019
by NILAM
NILAM SANTOSH
SANTOSH KAMBLE
KAMBLE Date:
2026.05.05
Dipti D. Naik ...Applicant
14:18:07 +0530
VERSUS
The State Of Maharashtra ...Respondent
WITH
CRIMINAL APPLICATION NO. 331 OF 2019
Jagdish R. Patil ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 333 OF 2019
Rajaram R. Dalvi ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 334 OF 2019
Sharada C. Lade …Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 335 OF 2019
Sandhya A. Samant ...Applicant
Page 1 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 336 OF 2019
Asha H. Jadhav ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 337 OF 2019
Usha S. Prabhudesai ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 338 OF 2019
Shekar L. Ayerkar ...Applicant
VERSUS
The State Of Maharashtra …Respondents
WITH
CRIMINAL APPLICATION NO. 339 OF 2019
Rupali R. Kulkarni ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 340 OF 2019
Rupak M. Kulkarni ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 341 OF 2019
Page 2 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
Atul P. Pawar ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 342 OF 2019
Pandurang J. Bhogale ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 343 OF 2019
Somnath B. Gaonkar …Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 344 OF 2019
Prasad A. Avasare ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 345 OF 2019
Jagdish R. Malvankar ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 346 OF 2019
Sandeep H. Raut ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 347 OF 2019
Page 3 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
Milind D. Parab ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 348 OF 2019
Sheela R. Shinde ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 349 OF 2019
Vidya S. Rane ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 350 OF 2019
Khemji V. Naik ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 351 OF 2019
Bharti S. Pimpale ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 352 OF 2019
Alka S. Pimple ...Applicant
VERSUS
The State Of Maharashtra …Respondents
Page 4 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
WITH
CRIMINAL APPLICATION NO. 353 OF 2019
Dyaneshwar T. Kadave ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 354 OF 2019
Mukul B. Sapte ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 355 OF 2019
Vishwas N. Shinde ...Applicant
VERSUS
The State Of Maharashtra ...Respondent
WITH
CRIMINAL APPLICATION NO. 356 OF 2019
Jyoti D. Parab ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 357 OF 2019
Madhusudan D. Desai ...Applicant
VERSUS
The State Of Maharashtra …Respondents
WITH
CRIMINAL APPLICATION NO. 358 OF 2019
Nitin N. Apte ...Applicant
VERSUS
Page 5 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 359 OF 2019
Devendra P. Parab ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 360 OF 2019
Megha A. Rane ...Applicant
VERSUS
The State Of Maharashtra ...Respondent
WITH
CRIMINAL APPLICATION NO. 361 OF 2019
Varsha P. Pachnekar ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 362 OF 2019
Madhavi M. Naik ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 363 OF 2019
Pallavi P. Chavan ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 364 OF 2019
Sunil C. Wavade ...Applicant
Page 6 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 365 OF 2019
Rajesh V. Bhongle ...Applicant
VERSUS
The State Of Maharashtra …Respondents
WITH
CRIMINAL APPLICATION NO. 366 OF 2019
Sudesh V. Kondvilkar ...Applicant
VERSUS
The State Of Maharashtra …Respondent
WITH
CRIMINAL APPLICATION NO. 1660 OF 2019
Vaibhav S. Warlikar ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1661 OF 2019
Pradeep S. Salian ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1662 OF 2019
Vinita V. Anaredy ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1663 OF 2019
Page 7 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
Sneha A. Nerurkar ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1664 OF 2019
Urmila L. Kanvinde …Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1665 OF 2019
Arvind N. Mandalia ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1666 OF 2019
Nilesh P. Rane ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1667 OF 2019
Hindurao S. Patil ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1668 OF 2019
Jyoti J. Raut ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
WITH
CRIMINAL APPLICATION NO. 1669 OF 2019
Page 8 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
Jayshree M. Likhate ...Applicant
VERSUS
The State Of Maharashtra And Anr …Respondents
____________________________________________________________
Mr.Mahesh Kukreja a/w Mr.Salman Haidar Khan and Mr.Shivam Singh, for
the Applicant.
Mr.M.G. Patil, APP for Respondent-State.
Mr.Anoop Patil a/w Mr.P.P. Chavhan i/b Ms.Komal Punjabi, for the
Respondent-BMC.
Mr.Jagannath Gavhane, AE-DP-R-II.
Mr.Rahul Ishi, SE-BD-R-5.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th APRIL 2026
P.C. :
. Heard learned counsel for the Applicant, learned APP and
learned counsel for Respondent No.2-Corporation.
2. The learned counsel for Respondent No.2-Corporation tendered
copy of the instructions. It is taken on record.
3. The learned counsel for Respondent No.2-Corporation further
submitted that the Respondent No.2 has decided to withdraw impugned
notice issued to the Applicants under Section 353A of the Mumbai
Municipal Corporation Act, 1888 (‘MMC Act’ for short) and Applications
will be filed in that regard before the learned Metropolitan Magistrate and
requested to pass appropriate order.
Page 9 of 10
3-APL-1659-2019 (CR).doc
N.S.Kamble
4. The learned counsel for the Applicant, on submission of the
learned counsel for Respondent No.2 submits that, the Applications be
disposed of accordingly since it have become infructuous as the Corporation
is going to withdraw the notice on which impugned order has been passed.
5. Considering the submissions of both learned counsel, the
challenge in these Applications is to the issue process order passed by the
learned Metropolitan Magistrate under Section 471 of the MMC Act. As
Respondent No.2 is going to withdraw the said notices, nothing survives in
these Applications and I pass following order.
ORDER
(i) The Applications are disposed of as infructuous.
(ii) All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.)
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