Bombay High Court
TUKARAM BHANUDAS MULEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
A notice issued under Section 53(1) of the Maharashtra Regional and Town Planning Act is not fatal if the affected parties are subsequently afforded an opportunity to be heard before any adverse order is made.
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, alleging that they were served without any opportunity of being heard. The petitioners contended that the lack of a hearing violated principles of natural justice. The Court examined whether a statutory notice under the Act can be issued without affording a hearing before any adverse order is passed. It held that procedural fairness requires the petitioners to be given a chance to file a reply and be heard before the Council decides on the matter. Consequently, the Court directed the Municipal Council to consider the petitioners’ replies, grant them a hearing, and pass appropriate orders, and disposed of the writ petitions.
Issues considered
- Whether a notice issued under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966, is valid if the affected parties are not given an opportunity of hearing.
- Whether the denial of a hearing violates the principles of natural justice in the context of municipal planning proceedings.
Legislation cited
Subjects
- Section 53
- Maharashtra Regional and Town Planning Act
- hearing
- natural justice
- municipal council
- procedural fairness
- writ petition
Judgment
2026:BHC-AUG:8964
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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