Case Note & Summary
The petitioners, residents of an area known as 'Collectors Patta' situated at Sangameshwar, Malegaon, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. They sought a direction to the respondents, including the State of Maharashtra and the Municipal Corporation for the City of Malegaon, to include their area within the municipal limits of the Municipal Corporation for the City of Nasik. However, the relief sought in the petition was contradictory as it prayed for inclusion in Nasik Municipal Corporation, whereas the area was adjacent to Malegaon city. The Municipal Corporation for Malegaon had already made a report to the State Government recommending that the area 'Collectors Patta' be merged into the Malegaon Municipal Corporation area, as it was adjacent to the Corporation limits. The State Government did not appear averse to considering this inclusion. The court, comprising Justices R.M. Lodha and R.S. Mohite, heard the matter and noted that since the State Government was already considering the inclusion of the area into Malegaon Municipal Corporation limits, no cause of action arose for the petitioners to seek a writ. The court observed that the petitioners could not dictate the manner in which the government should exercise its power. Consequently, the court dismissed the writ petition, finding no merit in it. The judgment was delivered on 6th May 2005.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - No Cause of Action - Petitioners sought mandamus to include area in municipal limits - State Government was already considering inclusion based on Municipal Corporation's report - Court held no cause of action arises as government is not averse to considering the matter - Petition dismissed as premature (Paras 3-5).
Issue of Consideration
Whether the High Court should issue a writ directing the State Government to include the area known as 'Collectors Patta' within the municipal limits of Malegaon Municipal Corporation when the government is already considering the matter.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Writ jurisdiction under Article 226 of Constitution of India
- No cause of action for mandamus when government is already considering inclusion
- Petitioners cannot dictate manner of exercise of executive power
