MEHBOOBIYA EDUCATION SOCIETY BULDANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri P.B. Patil, learned Advocate for the petitioner, Shri Abhay Sambre, learned Advocate for respondent Nos.3 and 4, Shri Tushar Darda, learned Advocate for respondent No.5 and Shri H.R. Dhumale, learned Assistant Government Pleader for respondent Nos.1 and 2.

(2.) The petitioner is administering a primary school in a rented premises. The petitionersociety applied for grant of lease in respect of land out of Survey No.74 and the Municipal Council by Resolution No.15 passed on 08/11/2012 and Resolution No.9 passed on 22/03/2013 decided to allot 1748 sq. mtrs. of land out of Survey No.74 to the petitionersociety on lease for three years. These resolutions came to be challenged before the Collector, Buldana and the learned Collector exercising powers under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as 'the Act of 1965') suspended the operation of above referred resolutions passed by the Municipal Council. The petitioner being aggrieved by the order passed by the Collector, has filed this petition.

(3.) The respondent No.5 had raised an objection at the time of hearing on admission of the petition, to the tenability of the petition on the ground that the petitioner has alternate statutory remedy available under Section 318 of the Act of 1965. While issuing rule on 11/02/2015, this Court ordered that the objection raised on behalf of the respondent No.5 shall be considered at the time of hearing.