Bombay High Court
OMPRAKASH BABURAO JANTREversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court disposed of the writ petitions, directing the Municipal Council to consider the petitioners' reply and provide a hearing before taking any action.
Summary
The petitioners challenged notices dated 29‑12‑2018 and 10‑01‑2019 issued by the Chief Officer of the Municipal Council, Kallam, under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966. They alleged that the notices were served without affording them an opportunity of hearing, violating principles of natural justice. The Court examined whether the statutory notice could be issued without a prior hearing and whether the petitioners were entitled to be heard before any adverse order. It held that the petitioners could file a reply to the notices and that the Municipal Council must consider such reply and grant a hearing before deciding. Accordingly, the Court disposed of the writ petitions, directing the Council to consider the reply and provide a hearing, and thereafter pass appropriate orders.
Issues considered
- Whether a notice issued under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966, without prior hearing violates the principles of natural justice.
- Whether the Court can direct the Municipal Council to consider the petitioners' reply and afford them a hearing before passing any order.
Legislation cited
Subjects
- Section 53(1)
- Maharashtra Regional and Town Planning Act
- natural justice
- notice
- hearing
- writ petition
- municipal council
Judgment
2026:BHC-AUG:8951
1 of 6 915-WP.1132.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 WRIT PETITION NO. 1132 OF 2019
BHAGWANT VENKATRAO JADHAVAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Aashish T. Jadhavar, Advocate for the Petitioner.
Mr. A. D. Wange, AGP for Respondent Nos.1 to 3-State.
Mr. Bhimrao R. Rathod h/f. Mr. B. R. Sontakke Patil, Advocate for
Respondent No.4.
...
WITH
WRIT PETITION NO. 1145 OF 2019
LATIF YUSUF QURESHI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1133 OF 2019
IRFAN YUNUS BAGWAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1134 OF 2019
NARSINHA ABASAHEB THOMBRE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1144 OF 2019
BALIRAM BABU MALI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
2 of 6 915-WP.1132.2019
WITH
WRIT PETITION NO. 1146 OF 2019
SUBHASH HARIBHAU MHETRE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1965 OF 2019
PRASHANT PRABHAKAR GAVALI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Sachin S. Bhise, Advocate for the Petitioner.
Mr. A. D. Wange, AGP for Respondent Nos.1 to 3-State.
WITH
WRIT PETITION NO. 2149 OF 2019
BABANRAO BABURAO KADAM
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Aashish T. Jadhavar, Advocate for the Petitioner.
Mr. A. D. Wange, AGP for Respondent Nos.1 to 3-State.
Mr. Bhimrao R. Rathod h/f. Mr. B. R. Sontakke Patil, Advocate for
Respondent No.4.
WITH
WRIT PETITION NO. 2102 OF 2019
SHIVAJI LAXMAN BHISE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1140 OF 2019
MAHARUDRA DATTATRAYA WAGHCHAURE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
3 of 6 915-WP.1132.2019
WITH
WRIT PETITION NO. 1135 OF 2019
OMPRAKASH BABURAO JANTRE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1141 OF 2019
LIMBAJI LAXMAN JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 2103 OF 2019
MOHAN BHIMRAO WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 2099 OF 2019
UMESH BANSIDHAR SONAWANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 2100 OF 2019
DADA BABASAHEB SHINDE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 2101 OF 2019
PRAKASH SHANKAR WAGCHAURE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
4 of 6 915-WP.1132.2019
WITH
WRIT PETITION NO. 1143 OF 2019
BABRUWAN SOPAN SHINDE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1138 OF 2019
SAIDABI GULAB BAGWAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1147 OF 2019
SACHIN DILIP MAHAKUNDE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1139 OF 2019
SURYAKANT TUKARAM KALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1136 OF 2019
NAGNATH RAMBHAU MORE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
WRIT PETITION NO. 1137 OF 2019
AKBAR IQBAL MANIYAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
5 of 6 915-WP.1132.2019
WITH
WRIT PETITION NO. 1142 OF 2019
MUNEER GAFOOR KHATIK
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
NOT ON BOARD, TAKEN ON BOARD
WRIT PETITION NO. 3260 OF 2019
TUKARAM BHANUDAS MULE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
NOT ON BOARD, TAKEN ON BOARD
WRIT PETITION NO. 3209 OF 2019
ANIL KALIDASRAO LANDAGE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
NOT ON BOARD, TAKEN ON BOARD
WRIT PETITION NO. 3165 OF 2019
YASHODIBAI JAYSING PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 27th FEBRUARY, 2026
P.C.:-
1. By way of present petitions, petitioners are assailing notices
dated 29.12.2018/10.01.2019, issued by the Chief Officer, Municipal
Council, Kallam, Dist. Osmanabad in accordance with the provisions
6 of 6 915-WP.1132.2019
under Section 53(1) of the Maharashtra Regional and Town Planning
Act 1966.
2. Learned Advocate for Petitioners submits that the notices
were issued without giving opportunity of hearing the petitioners.
3. Petitioners are permitted to file reply to the notices dated
29.12.2018/10.01.2019, which are impugned herein. Municipal
Council shall consider the said reply and give opportunity of hearing to
the Petitioners and pass appropriate orders. In view of the above, the
writ petitions are disposed of.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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