Case Note & Summary
The petitioner, Mehboobiya Education Society, administered a primary school in rented premises and applied for a lease of land out of Survey No.74. The Municipal Council, Buldana, passed Resolution No.15 on 08/11/2012 and Resolution No.9 on 22/03/2013 deciding to allot 1748 sq. mtrs. of land to the petitioner society on lease for three years. These resolutions were challenged before the Collector, Buldana, who, exercising powers under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, suspended the operation of the resolutions. Aggrieved by the Collector's order, the petitioner filed the present writ petition. At the hearing on admission, respondent No.5 raised an objection to the tenability of the petition on the ground that the petitioner had an alternate statutory remedy available under Section 318 of the Act of 1965. The Court, while issuing rule on 11/02/2015, ordered that this objection be considered at the time of hearing. The Court considered the submissions of the parties and held that the petitioner has an efficacious alternate remedy under Section 318 of the Act of 1965, which provides for an appeal against the Collector's order. Therefore, the writ petition was dismissed as not maintainable, leaving it open to the petitioner to avail the alternate remedy.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternate Remedy - Maintainability of Writ Petition - Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, Section 318 - The petitioner challenged the Collector's order suspending resolutions of the Municipal Council for lease of land. The respondent raised an objection that the petitioner had an alternate statutory remedy under Section 318 of the Act. The Court held that the writ petition is not maintainable as the petitioner has an efficacious alternate remedy available under Section 318 of the Act of 1965. (Paras 3-5)
Issue of Consideration
Whether the writ petition is maintainable when the petitioner has an alternate statutory remedy under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Final Decision
The writ petition is dismissed as not maintainable. The petitioner is at liberty to avail the alternate remedy under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Law Points
- Alternate statutory remedy
- Section 318 of the Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
- Writ petition not maintainable
Case Details
2016 LawText (BOM) (06) 124
WRIT PETITION NO.3911 OF 2014
Shri P.B. Patil, Advocate for the Petitioner; Shri H.R. Dhumale, A.G.P. for Respondent No.1 and 2; Shri Abhay Sambre, Advocate for Respondent Nos.3 and 4; Shri Tushar Darda, Advocate for Respondent No.5
Mehboobiya Education Society, Buldana
State of Maharashtra, District Collector, Buldana, Chief Officer, Nagar Parishad, Buldana, Municipal Council, Buldana, Quazi Raisoddin Alimoddin
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Nature of Litigation
Writ petition challenging the order of the Collector suspending resolutions of the Municipal Council for lease of land.
Remedy Sought
The petitioner sought to quash the Collector's order suspending the resolutions of the Municipal Council allotting land on lease.
Filing Reason
The petitioner was aggrieved by the Collector's order under Section 308 of the Act of 1965 suspending the resolutions of the Municipal Council.
Previous Decisions
The Municipal Council passed Resolution No.15 on 08/11/2012 and Resolution No.9 on 22/03/2013 allotting land to the petitioner. The Collector suspended these resolutions. The Court issued rule on 11/02/2015, ordering that the objection regarding alternate remedy be considered at hearing.
Issues
Whether the writ petition is maintainable when the petitioner has an alternate statutory remedy under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Submissions/Arguments
The respondent No.5 argued that the petitioner has an alternate statutory remedy under Section 318 of the Act of 1965, and therefore the writ petition is not maintainable.
Ratio Decidendi
A writ petition is not maintainable when the petitioner has an efficacious alternate statutory remedy available under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Judgment Excerpts
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.
Procedural History
The Municipal Council passed resolutions on 08/11/2012 and 22/03/2013 allotting land to the petitioner. The Collector suspended these resolutions under Section 308 of the Act of 1965. The petitioner filed the writ petition. On 11/02/2015, the Court issued rule and ordered that the objection regarding alternate remedy be considered at hearing. The petition was heard and dismissed on 23/06/2016.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: 308, 318
