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2007 Supreme(Bom) 1535

A.H.JOSHI, R.C.CHAVAN
Gram Panchayat, Bamni – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Shri A.Z. Jibhkate, Advocate for Petitioners.
Shri A.S. Fulzele, AGP for R- 1 to 3.
Shri R.J. Kankale, Advocate for R- 4.

JUDGMENT

Chavan, J.

1. Gram Panchayat Bamni, District Nagpur, takes exception by this petition to notifications dated 4.9.1987 (10.9.1987 ?) issued under the Maharashtra (Municipal Councils), (Nagar Panchayats and Industrial Townships) Act, 1965 (hereinafter referred to as “Maharashtra Municipalities Act”) and the Bombay Village Panchayats Act, whereby the Government of Maharashtra sought to include certain lands from Village Bamni in the Kalmeshwar Municipal Council and exclude the same from the limits of Gram Panchayat Bamni. The Government issued a notification on 1.1.1988 rectifying earlier notification under Section 4 of the Bombay Village Panchayats Act, excluding only selected survey numbers from the area of Gram Panchayat, Bamni, since the earlier notification erroneously referred to the entire village.

2. The petition filed on 28.10.1987 was admitted on 22.6.1988 and status quo as regards recovery of taxes was ordered to be maintained. By an order dated 16.10.2000, the petitioner Gram Panchayat was allowed to recover property taxes from a textile mill which had been set up on the lands merged in Kalmeshwar Municipal Co























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