Per NAIK A.B., J.:---By these two writ petitions the residents of Ahmednagar and Dhule are challenging the action taken by the Government converting the smaller urban area i.e. Municipal Council of Ahmednagar and Dhule respectively into a larger urban area i.e. Municipal Corporation. It is not disputed before us that common questions of law are involved in both these writ petitions and both the petitions can be disposed of by the common judgment. Hence, we are disposing of both these petitions by this judgment. Before we advert to narrate the factual aspect and the submissions that are advanced by the respective learned Advocates including the Advocate General, in our view most of the contentions raised in the petition and agitated before us are squarely covered by the judgment of the Apex Court in (State of Maharashtra and another v. Jalgaon Municipal Council others)1, reported in 2003(5) Bom.C.R. (S.C.)709 : A.I.R. 2003 S.C.W. 1061 (hereinafter referred to as Jalgaon Municipal Council case). Both the learned Advocates for the petitioners have tried to impress upon us that the question that is raised and decided by the Apex Court in Jalgaon Municipal Council case will not be applicable in these two writ petitions. We will consider this aspect little later when we consider the rival submissions. Before that, we will note down for our assistance the question formulated by the Apex Court in Jalgaon Municipal Council case:--

Question No. (1) : Whether any hiatus between abolition of Municipal Council and Constitution of Municipal Council and Constitution of Municipal Corporation is violative of Constitution of Part IXA. (This question is not raised in these petitions).

(2) The effect of census figures published being called provisional.

(3) Whether the population of Jalgaon was denied and effective opportunity of raising objections and hence the principles of natural justice were violated.

(4) Want of consultation with the Municipal Council effect.

2. When we commenced the hearing of these petitions and before we concluded the hearing Shri Rajendra Raghuwanshi, Special Counsel appearing on behalf of the State of Maharashtra has stated that there is no consultation with the Municipal Council, Dhule and in such situation in view of the answer to the question No. 4 by the Apex Court in Jalgaon Municipal Council case, the Government will consult the Municipal Council, Dhule and take appropriate decision. So far as Ahmednagar Municipal Council is concerned the learned Special Counsel submitted that before initiation of proposal of Municipal Council smaller urban area into a larger urban area the Municipal Council itself has passed a resolution requesting the Government of Maharashtra to convert the smaller urban area into a larger urban area and according to the learned Special Counsel there is sufficient compliance of consultation. In the latter part of hearing when the learned Advocate General stepped in and made his submissions he candidy submitted that both Municipal Councils namely Dhule Municipal Council and Ahmednagar Municipal Council were not consulted and for want of consultation the impugned notification required to be set aside and time bound programme be given be the Government to complete the process of consultation and after process of consultation with both the Municipal Councils as contemplated under section 6 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the notification as required under section 3 of the Bombay Provincial Municipal Corporations Act, 1949 will be considered. We will consider this concession little later, we now note the facts in these two petitions. The petition filed by the residents of Ahmednagar being earlier in point of time we will give facts in that petition first and then will refer to the facts in petition filed by the residents of Dhule.

3. Before proceeding further we note down following undisputed facts in both these petitions.

(a) Ahmednagar Muni

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