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2021 Supreme(Bom) 129

R.D.DHANUKA, V.G.BISHT
Ajit Bhagwan Patil – Appellant
Versus
State of Maharashtra through Principal Secretary under Urban Development & Public Works Department, Mantralaya – Respondent


Advocates Appeared:
For the Petitioners:Dr. Birendra Saraf, Senior Advocate a/w Aseem Naphade i/by Tarun Sharma, Sandesh Patil a/w Chintan Shah, Samit Shinde i/by P.S. Gole, Advocates
For the Respondents:R1, P.P. Kakade, GP a/w Y.D. Patil, AGP, R2, Y.S. Jahagirdar, Senior Advocate a/w Mayuresh Lagu, Advocate.

JUDGMENT :

R.D. Dhanuka, J.

1. None appears for the respondent no.4 when the matter was called out.

2. The petitioners in Writ Petition (St.) No.98279 of 2020 have invoked Article 226 of the Constitution of India and have prayed for setting aside the decision dated 7th December 2020 and communication dated 8th December 2020 of the respondent nos.3 - Minister for Urban Development and Public Works Department and the respondent no.1 respectively.

3. The petitioner in Writ Petition No.3654 of 2020 has also invoked Article 226 of the Constitution of India and has impugned the resolution number 26 in respect of subject no.35 passed by the respondent no.1 in meeting dated 7th December 2020 and for other reliefs. Both the petitions were heard together.

4. The petitioner nos.1, 2 and 3 in Writ Petition (St.) No.98279 of 2020 are the Nominated Councillors of the respondent no.2 -Mira Bhayandar Municipal Corporation. The petitioner no.4 is the Group Leader and belongs to Bhartiya Janata Party (BJP). The respondent no.3 is the learned Minister who has passed the impugned order granting stay to the resolution passed by Municipal Corporation on 7th December 2020. The respondent no.4 is a complainant

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