MUNICIPAL CORPN. OF THE CITY OF PUNE vs SATISHKUMAR S. AGARWAL

Judgment text excerpt

23.WP-3009-2000.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3009 OF 2000 Municipal Corporation of the City of Pune having its Head Office at Shivajinagar, Pune – 411005 …Petitioner Versus Satishkumar Satyanaran Agarwal aged about 42 years, Occupation - Business, residing at 199, Ganesh Peth, Pune -411 002 …Respondent .........… Mr. Abhishek Roy, Ms. Sweta Shah i/by Abhijit P. Kulkarni, Advocate for the Petitioner None for the Respondent .........… CORAM : ABHAY AHUJA, J. RESERVED ON : 16th OCTOBER 2025 PRONOUNCED ON: 27th NOVEMBER 2025 JUDGMENT : 1. This Petition filed under Article 227 of the Constitution of India seeks direction to set-aside the Judgment and Order dated 3 rd April 1999 passed by learned XIIth Additional District Judge Pune, at Pune in Civil Appeal No. 434 of 1993 filed against the Judgment and order dated 2nd April 1993 passed by the Learned Small Causes Judge, Pune in Municipal Appeal No. 97 of 1990 whereby the Learned AVK 1/14 23.WP-3009-2000.doc Additional District Judge had dismissed the appeal preferred under Section 411 of the Bombay Provincial Municipal Corporations Act, 1949 (the “BPMC Act”) by the Petitioner thereby confirming the Judgment and order dated 2nd April 1993 passed by the Learned Small Causes Judge, Pune whereby the rateable value of Rs.9300/- with effect from 01/05/1985 fixed by the Petitioner Corporation in respect of property leased to the Respondent viz. Plot No. 345 admeasuring 3000 sq. ft. situated at Market Yard Gultekdi, Pune (the “said premises”) was set aside and re-fixed at Rs.2600/- with effect from 01/04/1990. 2. The background facts are that in and around 1976, the said premises was allotted to the Respondent by the Agricultural Produce Market Committee. The Petitioner