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2012 Supreme(Bom) 2027

A.M.KHANWILKAR, R.Y.GANOO
Seema Savale – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:G.S. Godbole i/b. S.R. Ronghe, Advocates.
For the Respondents:R1, V.S. Gokhale, AGP, R2 & R3, D.R. More, R4, S.R. Ganbavale, Advocates.

Judgment

1. Heard Counsel for the parties. Rule. Mr. V.S. Gokhale, waives notice for respondent Nos.1. Mr. More waives notice for respondent nos.2 and 3 and Mr. Ganbavale waives notice for respondent no.4. By consent, heard forthwith.

2. This petition takes exception to the resolution No.987 dated 20.8.2010 passed by the General Body of the respondent no.2 Corporation. On the basis of the said resolution, notice dated 6.10.2010 bearing No. 179, came to be issued by the respondent no.3, which was published in the local newspaper on 9.10.2010. The petitioner prays that the respondent nos.2 and 3 be directed to forthwith cancel and/or withdraw the said publication. The incidental relief claimed by the petitioner is to direct the respondent no.1 not to consider the proposal published and submitted by the respondent no.2 -Pimpri Chinchwad Municipal Corporation, for further minor modification under Section 37(1) of the MRTP Act, 1966 on the basis of or on the strength of the impugned advertisement being Notice No.179 issued by respondent No.3, published in the local newspaper on 9.10.2010.

3. The principal grievance of the petitioner, who incidentally happens to be the Corporator in the























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