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2025 DAILYLAW 43742 (BOM)

MAHESH SHIVAJI BHISE v. THE COMMISSIONER ICHALKARNJI MUNICIPAL CORPORATION AND ORS

WP/1481/2025 · 2025-10-16

Sharmila U Deshmukh, Shri M S Karnik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

908-Wp-1481-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1481 OF 2025 Mahesh Shivaji Bhise … Petitioner Versus The Commissioner. Ichalkarnji Municipal Corporation & Ors. … Respondent —————— Mr. Padmanabh D. Pise a/w. Sejal Hariyan & Prathamesh Patil i/b. P. Padmanabbh & Associates for the Petitioner. Mr. Shankar Katkar a/w. Manisha Katkar & Ruturaj Kadam for Respondent No.1-Corporation. Mr. Siddheshwar B. Kalel, A.G.P. for the Respondent Nos.2 to 4-State. —————— Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ. Date : 16th October 2025. P. C. : 1. Heard Mr. Pise, learned counsel appearing for the Petitioner, Mr. Katkar, learned counsel appearing for the Respondent No.1-Municipal Corporation and Mr. Kalel, learned A.G.P. appearing for the Respondent Nos.2 to 4-State. 2. Learned counsel appearing for the Petitioner submits that during the festive season permissions are given for erection of temporary stalls and draws our attention to the photographs which are annexed at page Nos.42 to 49 of the Petition. He submits that, the stalls are erected in such osk 1 of 2 908-Wp-1481-2025.doc manner that in the event any mishap, it will not be possible for the fire engines to reach the spot of the incident. He submits that apart from the temporary stalls to whom permissions are given by the Corporation, there are unauthorized stalls, for which no action is taken by Corporation. 3. Learned counsel appearing for the Corporation has placed on record the Minutes of the Meeting held on 9th October 2025. He would point out that in so far as the area which is the subject matter of the present petition is concerned i.e. from Shivtirth to Mahatma Gandhi statue, the decision which has been taken by the Corporation is that there will be no permission granted for temporary erection of stalls and that there will be regular patrolling in that area to ensure that there is no unauthorized erection of temporary stalls. 4. In view of the Minutes of the Meeting which are placed on record, the Petition can be disposed of. 5. It is open for the Petitioner to revive the cause in event it is found that there is no compliance of the decision, which has been arrived at by the Municipal Corporation, as recorded in the Minutes of the Meeting dated 9th October 2025 by filing fresh Petition. 6. Petition stand disposed of. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] osk 2 of 2 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2025.10.17 11:37:37 +0530