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2022 Supreme(Bom) 82

N.M.JAMDAR, ANIL L.PANSARE
Gowardhan s/o Mangilal Sharma – Appellant
Versus
State of Maharashtra, through its Secretary, Department of Urban Development – Respondent


Advocate Appeared:
For the Appellant :B.G. Kulkarni, Advocate, T.D. Mandlekar and R.V. Malviya, Advocates
For the Respondent:S.M. Ukey, Additional Government Pleader, S.V. Sohoni and K.C. Deogade, Advocates

JUDGMENT :

N.M. Jamdar, J.

1. Rule. Rule made returnable forthwith. Respondents waive service. Taken for disposal.

2. The Petitioner, member of the Maharashtra Legislative Assembly from Akola-West Constituency, has filed this writ petition challenging the Government Resolution dated 16 July 2020, cancelling the list of public works to be carried out in Akola city and replacing them with other works listed in the Government Resolution.

3. The main ground of challenge is that the earlier Government Resolution for development works in the city of Akola has been substituted by the impugned Government Resolution only because of change of Government after the general elections and that requisite procedure has not been followed. The Respondent State Government contends that the Petitioner has no personal right to question the impugned decision nor suffered any injury; the impugned decision is in the public interest, having proposed more development works in the City in the same funds; and the challenge of the Petitioner is politically motivated.

4. The State of Maharashtra issued a Government Resolution on 12 December 2017 laying down a policy of providing basic amenities in the area of Munici

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