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2018 Supreme(Bom) 1714

S.V.GANGAPURWALA, S.M.GAVHANE
Gram Panchayat, Shani Shingnapur through its Sarpanch Balasaheb Venunath Bankar – Appellant
Versus
State of Maharashtra, Through its Principal Secretary – Respondent


Advocate Appeared:
For the Petitioner:Mr. R. R. Mantri, Advocate h/f. Mr. S. S. Kazi and Mr. S. R. Shaikh, Advocates
For the Respondent:Mr. S. P. Sonpawale, A.G.P. Mr. S. T. Shelke, Advocate Mr. V. D. Sapkal, Advocate

JUDGMENT :

S. V. GANGAPURWALA, J.

1. Rule. Rule made returnable forthwith. With the consent of learned counsel for respective parties matter is taken up for final hearing.

2. The right of the petitioner to collect pilgrim tax is a subject matter of the present petition.

3. The petitioner was permitted to collect pilgrim tax pursuant to order dated 31.07.2016 issued by the Chief Executive Officer, Zilla Parishad, Ahmednagar at the rate of Rs. 2.50 per pilgrim above the age of 12 years. The same was pursuant to the Resolution of the Standing Committee – Zilla Parishad, Ahmednagar dated 14.07.2006. From 31.07.2006. The petitioner started imposing pilgrim tax at the rate of Rs. 2 per head.

4. Under the impugned order, the Chief Executive Officer, Zilla Parishad, Ahmednagar directed the petitioner to stop collecting the pilgrim tax as per the Resolution of the Standing Committee dated 14.07.2016. The petitioner has assailed the said order by filing the present petition.

5. Mr. Mantri, learned Advocate for the petitioner strenuously contends that after following due procedure of law the petitioner is permitted to levy the pilgrim tax, and is collecting the pilgrim tax since 31.07.2006. The Res
























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