Bombay High Court
SHAIKH AZEEM KASIM PATELversusTHE COMMISSIONER OF POLICE, AURANGABAD AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed as the matter is already covered by earlier PIL directions and the Municipal Corporation has undertaken repair work.
Summary
Shaikh Azeem Kasim Patel filed a criminal writ petition seeking action against municipal officers for alleged neglect in repairing pothole‑ridden roads in Aurangabad. The petitioner submitted photographs of the road conditions and cited a prior Public Interest Litigation (PIL No. 96 of 2013) in which the Court had directed the Municipal Corporation to carry out repairs. The Municipal Corporation, through its counsel, submitted that the complaints were forwarded to it via the police, that repair work had been undertaken, and that photographs confirming the work were on record. The Court observed that the specific directions from the earlier PIL were already in force and that the Corporation was continuing the repairs as required. Consequently, the Court held that there was no need to keep the present petition pending and disposed of the criminal writ petition, directing the petitioner to approach appropriate proceedings for any breach of the earlier order.
Issues considered
- Whether a criminal writ petition can be entertained against municipal officers for alleged failure to repair roads when prior PIL directions exist
- Whether the petition should remain pending in view of the Municipal Corporation's alleged compliance
Subjects
- potholes
- municipal corporation
- road repair
- criminal writ petition
- public interest litigation
- court directions
- petition disposed
Judgment
2026:BHC-AUG:40394-DB
920 CRIMINAL WRIT PETITION NO. 168 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CRIMINAL WRIT PETITION NO. 168 OF 2021
Shaikh Azeem Kasim Patel
Versus
The Commissioner Of Police And Others
__________________________________________________________
Adv. Shaikh Faizal Iqbal h/f. Adv. Sayyed Tauseef Yaseen
for the Petitioner
Mr. G. A. Kulkarni, A.P.P. for State
Adv. Tope Sambhaji S. for Respondent No. 2
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 02, 2026
PER COURT :
1) Heard.
2) The petition is filed for taking criminal action
against the officers of the Municipal Corporation pursuant
to the complaints dated 31.08.2020 and 12.10.2020 filed
by the petitioner. Since the roads at Aurangabad were
having many potholes, it appears that the Division Bench
of this Court in Public Interest Litigation No. 96 of 2013
had already considered this issue and given directions to
the Municipal Corporation to repair the roads of
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920 CRIMINAL WRIT PETITION NO. 168 OF 2021
Aurangabad. The record shows that the petitioner had even
submitted photographs showing the condition of the roads
of Aurangabad within the limits of the Municipal
Corporation.
3) However, the learned counsel for the respondent
- Municipal Corporation submits that the complaints made
by the petitioner were sent to the Municipal Corporation
through the police and, accordingly, measures were taken
by the Corporation to repair the roads. Photographs to that
effect are also placed on record by the respondent-
Municipal Corporation. Moreover, the repairs carried out by
the Municipal Corporation were also reported to the
concerned police officers along with the photographs. The
photographs on record clearly indicate that the Municipal
Corporation had carried out repair work at various places.
4) The learned counsel for the respondent-
Municipal Corporation further submits that, since the work
of repair is a continuous job of the Corporation, the
Corporation will take care of repairs of the roads within the
limits of the Municipal Corporation, Aurangabad, as and
when required.
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920 CRIMINAL WRIT PETITION NO. 168 OF 2021
5) Even otherwise, specific directions in the
aforesaid P.I.L. have already been given by this Court for
carrying out repair work in respect of the roads at
Aurangabad. Therefore, the petitioner may file appropriate
proceedings in respect of any breach of that order at the
hands of the respondent-Municipal Corporation. There is
no necessity for the present petition to be kept pending for
an indefinite period. As such, Criminal Writ Petition stands
disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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