SHAIKH MASUD ISMAIL SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) This batch of writ petitions challenge the impugned action of the State of Maharashtra concerning change of name of Aurangabad and Osmanabad cities and revenue areas (such as District/Division/Sub-Division/Taluka/Villages).

(2.) As far as the change of name of revenue areas is concerned, the same is governed by the provisions contained in Sec. 4 of the Maharashtra Land Revenue Code, 1966 (hereafter referred to as "the Code", for short), which permits the State Government to not only alter the limits of any revenue area or abolish any such revenue area, but also to name it. Sub-sec. (4) of Sec. 4 of the Code provides that every notification or order which is to be made under sub-sec. (1) of Sec. 4 shall be subject to the condition of previous publication and the provisions of Sec. 24 of the Maharashtra General Clauses Act, 1904 (hereafter referred to as "the Act of 1904", for short). Sec. 24 of the Act of 1904 provides that in case any Maharashtra Act gives a power to make rules or by-laws and such power is subject to condition of the rules or by-laws being made after previous publication, then, the authority having the power to make the rules or by- laws shall, before making the rules or by-laws, is required to publish a draft of the proposed rules or by-laws for the information of persons likely to be affected.

(3.) Learned Advocate General has stated that in terms of the provisions of sub-sec. (4) of Sec. 4 of the Code read with Sec. 24 of the Act of 1904, a draft notification has been published on 24/2/2023 inviting objections, from general public, to re-naming the revenue areas of Aurangabad and Osmanabad. He has, thus, stated that since the final notification has yet not been issued and in fact the same is pending consideration of the State Government as per the requirement of sub-sec. (4) of Sec. 4 of the Code, read with Sec. 24 of the Act of 1904, challenge to the proposed re-naming of revenue areas, both at Aurangabad and Osmanabad, is premature.