Bombay High Court

PUNE MUNICIPAL CORPORATION AND ORSversusTATA TELESERVICES (MAHARASHTRA) LIMITED AND ANR

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The interim applications seeking vacation of stay are disposed of, with the writ petitions to be heard finally on 29‑08‑2026.

Summary

The High Court disposed of several interim applications filed by the Pune Municipal Corporation seeking vacation of stays granted in a group of writ petitions challenging the levy of property tax on telecom sites. The court ordered that the interim applications be dismissed and scheduled the writ petitions for final hearing on 29‑08‑2026. It directed that any amendment applications be treated as part of the pleadings and that counsel for the corporation may advance submissions on subsequent developments even if not originally pleaded. No substantive merits of the tax issue were decided; the order is purely procedural. The notice for the final hearing was to be published, and the parties were instructed to incorporate any further developments into the main petitions.

Issues considered

The appropriateness of disposing interim applications seeking vacation of stay pending writ petitions.
Whether amendment applications filed after the interim applications can be considered part of the original pleadings.

Subjects

property tax
telecommunication sites
interim application
stay
amendment
writ petition
municipal corporation

Judgment

Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL

1/4
PATIL
8 IA.2068.2021.odt
Date:
2026.08.18
18:58:17
+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 2068 OF 2021
IN
WRIT PETITION NO. 2561 OF 2015

Pune Municipal Corporation & Ors. .. Applicants
Versus
Viom Infra Network Maharashtra
Ltd. & Anr. .. Respondents
WITH
INTERIM APPLICATION NO.2050 OF 2021
IN
WRIT PETITION NO. 417 OF 2017

Pune Municipal Corporation & Ors. .. Applicants
Versus
Ascend Telecom Infrastructure
Private Limited .. Respondent
WITH
INTERIM APPLICATION NO.2057 OF 2021
IN
WRIT PETITION NO. 7327 OF 2009

Pune Municipal Corporation & Anr. .. Applicants
Versus
Idea Cellular Limited & Ors. .. Respondents

WITH
INTERIM APPLICATION NO.2052 OF 2021
IN
WRIT PETITION NO. 2698 OF 2017

Rushikesh
2/4 8 IA.2068.2021.odt

Pune Municipal Corporation & Ors. .. Applicants
Versus
Tata Teleservices (Maharashtra)
Limited & Anr. .. Respondents

WITH
INTERIM APPLICATION NO.2070 OF 2021
IN
WRIT PETITION NO. 557 OF 2015

Pune Municipal Corporation & Anr. .. Applicants
Versus
Idea Cellular Limited & Anr. .. Respondents

WITH
INTERIM APPLICATION NO.2054 OF 2021
IN
WRIT PETITION NO.2515 OF 2017

Pune Municipal Corporation & Ors. .. Applicants
Versus
Tower Vision India Private Limited
& Anr. .. Respondents

WITH
INTERIM APPLICATION NO.2053 OF 2021
IN
WRIT PETITION NO.1520 OF 2017

Pune Municipal Corporation & Ors. .. Applicants
Versus
Reliance Infratel Ltd. & Ors. .. Respondents
…

Rushikesh
3/4 8 IA.2068.2021.odt

Mr. Girish Godbole, Senior Advocate a/w Mr. Sugandh
Deshmukh, Mr. Aniket Kanawade, for the Petitioner in
WP/11190/2018 & WP/8929/2018.

Mr. Himanshu Vidhani, Mr. Niket Dalal and Mr. Rushab Chopra
and Ms Shravani Musande, i/by Mr. Himanshu Vidhani, for the
Petitioner(s) in WP/2561/2015, WP/7327/2009, WP/557/2015
and for the Respondent in IA/2068/2021, IA/2057/2021 and
IA/2054 /2021.

Mr. Rubin Vakil a/w Mr. Gaurav Thakur and Ms Aditi Kambli
i/by A. S. Dayal & Associates, for the Applicant/Petitioners.

Mr A. A. Kumbhakoni, Senior Advocate a/w Mr. Abhijit
Kulkarni, Mr. Vishwanath Patil, Mr. Akshay Naidu and Kedar
Nhavkar, for the Respondent-PMC in WP/2515/2017,
WP/417/2017, WP/557/2015 & WP/7327/2009
(WP/1932/2015 Not on Board) and for the Applicant in
IA/2050/2021, IA/2052/2021, IA/2053/2021, IA/2068/2021,
IA/2070/2021, IA/2054/2021, and IA/2054/2021,
(IA/2051/2021 & IA/2055/2021 Not on Board).

Mr. P. P. Kakade, Addl.G.P. a/w Mr. Karan S. Thorat, ‘B’ Panel
Counsel, Mrs. M. P. Thakur, AGP and Mrs. G. R. Raghuwanshi,
AGP, for the Respondent-State.

...

CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.

DATED : 18th AUGUST, 2026

P.C:-

1. The group of Writ Petitions calls into question the levy of
property taxes on the telecommunication sites of the
Petitioners. The Writ Petitions are pending since 2015, and the
Interim Applications are taken out for vacating the interim
order. By consensus, we deem it appropriate to dispose of the

Rushikesh
4/4 8 IA.2068.2021.odt

Interim Applications seeking vacation of stay, with an
understanding that the Writ Petitions themselves shall be
finally worked out. Hence, the Interim Applications seeking
vacation of stay are disposed of.

List the Writ Petitions on 29.08.2026 for final hearing.

Since we are informed that, apart from Mr. Godbole, the
learned Senior Counsel representing one of the Petitioners,
other Senior Counsels are also representing the other
Petitioners, we direct the notice be published in the cause-list
tomorrow, indicating that all these matters are fixed on
29.08.2026 for final hearing.

The learned counsel, Mr. Godbole, state that he has taken
out an Application for amendment, and we direct the
Application to be considered as a part of the pleadings in the
Petition, and we direct Mr. Kumbhakoni, learned Senior
Counsel representing the Corporation, to advance his
submissions even on subsequent developments which are
sought to be incorporated through the Interim Application,
and merely because they are not part of the pleadings in the
Writ Petition shall be no ground for not taking them into
consideration.

(ASHISH S. CHAVAN J.) (BHARATI DANGRE, J.)

Rushikesh

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