SURENDRA SHAMSUNDAR JEWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, by consent of learned counsel for the respective parties.

(2.) This petition was initially filed as a Public Interest Litigation bearing PIL No.86 of 2021. Upon objection raised by learned counsel for Respondent nos.1 to 5 and 6 that the petitioner has personal interest in allotment of the writ lands in his favour and pursuant to request made by learned counsel for the petitioner, this court (Hon'ble the Chief Justice and M.S. Karnik J.) vide order dtd. 20/12/2021 was pleased to allow conversion of Public Interest Litigation into a Writ Petition. PIL No.86 of 2021 is thus treated as Writ Petition bearing No.9498 of 2021.

(3.) The petitioner by way of this petition seeks relief of quashing Resolution No.18 dtd. 28/5/2021 passed by Respondent no.6-Municipal Council, Baramati ("the Council"), whereby the Council has resolved to allot the writ lands admeasuring 3,408 sq.mtrs. in favour of Respondent no.7-Natraj Natya Kala Mandal ("the Trust"). The petitioner further prayed for quashing of Resolution No.5 dtd. 12/7/2021 passed by Respondent no.6-Council, whereby the Council has resolved to move an application for change of user in respect of the writ lands. The petitioner has further prayed for quashing of an order dtd. 18/8/2021 passed by Respondent no.1-State granting approval to the proposal of Respondent no.6-Council, thereby permitting allotment of land in favour of Respondent no.7-Trust on a long term basis.