LAWS(BOM)-2022-3-78

JAYDEEP VILAS TAWARE Vs. STATE OF MAHARASHTRA

Decided On March 16, 2022
Jaydeep Vilas Taware Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By the present petition, the Petitioner has prayed for the following reliefs:

(2.) Petitioner is challenging the notification dtd. 30/3/2021 (for short: "impugned notification ") issued by Respondent No. 2 - Secretary, Urban Development Department, Government of Maharashtra - under the provisions of sub-Sec. (1), (1B) and (2) of Sec. 341A read with Sec. 3 (3) of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Townships Act, 1965 (for short: "the said Act "). By the impugned notification, the local area under Malegaon (Budruk) Gram Panchayat has been declared as a 'transitional area, ' for which a Nagar Panchayat shall be subsequently constituted as provided under Sec. 341A (2) of the said Act. In short, the challenge is to the conversion of Malegaon (Budruk) Gram Panchayat to Malegaon (Budruk) Nagar Panchayat on the grounds stated in the Petition.

(3.) Before we refer to the facts relevant to the case and the submissions made by the respective parties, it will be expedient to highlight the provisions of law applicable in the present case.