Bombay High Court
SUDHAKAR RAMRAO PATILversusTHE 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 invalid unless the affected party is given an opportunity of hearing.
Summary
The petitioner, Sudhakar Ramrao Patil, filed a writ petition challenging two notices dated 29-12-2018 issued by the Chief Officer of the Municipal Council, Kallam, under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966. He contended that the notices were served without affording him an opportunity of hearing, violating principles of natural justice. The Court examined whether the statutory requirement of a hearing was complied with before the issuance of the notices. It held that the petitioner must be allowed to file a reply to the notices and be given a fair hearing before any adverse order is passed. Consequently, the Court directed the Municipal Council to consider the petitioner's reply, grant a hearing, and pass appropriate orders. The writ petition was thereafter disposed of.
Issues considered
- Whether the notices issued under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966, were valid despite the alleged denial of a hearing to the petitioner.
Legislation cited
Subjects
- notice
- opportunity of hearing
- natural justice
- Maharashtra Regional and Town Planning Act
- writ petition
- administrative law
Judgment
2026:BHC-AUG:15854
Dilwale 1 6-WP-4590-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
6 WRIT PETITION NO. 4590 OF 2019
Sudhakar Ramrao Patil
VERSUS
The State Of Maharashtra And Others
...
Advocate for the Petitioner : Mr. D. M. Madke h/f Mr. Bhise Sachin S
AGP for Respondents: Mr. R. B. Dhaware
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 02.04.2026
PER COURT :
1. Heard the learned counsel for the respective parties.
2. By way of present petition, petitioner assails notices dated
29/12/2018, issued by the Chief Officer, Municipal Council, Kallam, Dist.
Osmanabad in accordance with the provisions under Section 53(1) of the
Maharashtra Regional and Town Planning Act 1966.
3. Learned counsel for petitioner submits that the notices were issued
without giving opportunity of hearing the petitioner.
4. Petitioner is permitted to file reply to the notices dated
29/12/2018, which are impugned herein. Municipal Council shall
consider the said reply and give opportunity of hearing to the petitioner
and pass appropriate orders.
5. In view of the above, the writ petition is disposed of.
[ SIDDHESHWAR S. THOMBRE, J ]
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