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2017 Supreme(Bom) 2046

S.C.GUPTE
Prabhodhan Sanstha – Appellant
Versus
Commissioner, Nagpur Division, Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anil S. Kilor
For the Respondents: Shri V.P. Maldhure
For the Intervenor : Shri Ganesh N. Khanzode

JUDGMENT :

S.C. Gupte, J.

Heard learned counsel for the parties and learned Assistant Government Pleader for the State.

2. Rule. Rule made returnable forthwith and taken up for hearing with consent of counsel.

3. The subject matter of challenge in the present writ petition is an order passed by the Collector of Chandrapur under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 ("Act"), ordering suspension of a resolution passed by 3rd respondent Municipal Council, Mul and confirmation of that order in revision by the Divisional Commissioner.

4. The petitioner is a public charitable trust registered under the provisions of the Maharashtra Public Trusts Act, 1950 and the Societies Registration Act, 1960. The petitioner was registered with the aim and object of holding cultural and social activities for overall development of youth. On the application of the petitioner, 3rd respondent Municipal Council, by a resolution of its standing committee passed on 22nd June, 1998, allotted land bearing Survey No. 812 in Siddham Shettiwar Layout, Ward No. 10, within the area of the Municipal Council to it for construction of "Yuva Bhavan". It is no













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