Bombay High Court
SHRI. PRASAD APPASAHEB SARDE AND ANRversusSECRETARY, URBAN DEVELOPMENT DEPT. , STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the Presiding Officer and Deputy Commissioner to conclude the enquiry within six months, without expressing any view on the merits.
Summary
The petitioners filed a writ petition challenging the conduct of Enquiry No.4642 of 2021 initiated under Section 81‑B of the Maharashtra Municipal Corporation Act, 1949. After hearing, the parties, including respondent No.5, consented to a settlement whereby the Presiding Officer and Deputy Commissioner (Property and Management) of Pune Municipal Corporation would complete the enquiry, granting a reasonable hearing to all parties, within six months of the order. The Court expressly refrained from expressing any opinion on the substantive merits of the parties' contentions. Consequently, the writ petition was disposed of on the terms of the agreed arrangement, with no order as to costs. The order primarily serves as a procedural direction to expedite the pending enquiry.
Issues considered
- Whether the Court should direct the completion of Enquiry No.4642 of 2021 under Section 81‑B of the Maharashtra Municipal Corporation Act, 1949 within a specified time‑frame
- Whether the parties' agreement to the Court’s procedural direction affects the merits of the petition
Legislation cited
Subjects
- Section 81-B
- Maharashtra Municipal Corporation Act
- Enquiry
- Writ Petition
- Procedural Direction
- Administrative Law
- Costs
Judgment
2026:BHC-AS:35290-DB
Bhogale 2.wp-10830-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10830 OF 2022
Prasad Appasaheb Sarde and anr. … Petitioners
Versus
Secretary, Urban Development Department
State of Maharashtra and ors. .… Respondents
****
Adv. Sanjay Kshirsagar, for the petitioner.
Smt. M. P. Thakur, AGP for the respondent-State.
Adv. R. S. Khadapkar, for respondent No.2-PMC.
Adv. Janay Jain a/w Adv. Om Ajay Gupte, Adv. Himani Narula
i/b. Parinam Law Associates, for respondent No.5.
****
CORAM : M. S. KARNIK &
SANDESH D. PATIL, JJ.
DATE : 28th AUGUST 2026
P.C. :
1. Heard learned counsel for the parties.
2. After the matter was argued for some time, the
petitioners as well as respondent No.5 by and large agreed to the
following arrangement having regard to the due deliberations at
the bar :-
(i) The Presiding Officer and Deputy Commissioner
(Property and Management), Pune Municipal
1
Bhogale 2.wp-10830-2022.odt
Corporation shall proceed to conclude Enquiry No.4642
of 2021 initiated under Section 81-B of the Maharashtra
Municipal Corporation Act, 1949 after affording a
reasonable opportunity of hearing to all concerned in
accordance with law expeditiously and preferably within
a period of six months from the date of communication
of this order.
3. All contentions of the parties on the merits are expressly
kept open. It is made clear that we have not expressed any opinion
on the merits of the rival contentions of either party.
4. The writ petition is accordingly disposed of in the
aforesaid terms. There shall be no order as to costs.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 28/08/2026 15:03:48 2
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