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Synopsis

A Division Bench of the  Bombay High Court comprising Justice R.D Dhanuka and Justice Kamal Khata, on Wednesday, dismissed a petition filed by Uddhav Thackray led Shiv Sena against the Thane Municipal Corporation.

The petition had challenged the order of Thane Municipal Corporation which denied Uddhav Thackeray's faction to hold Diwali Pahat at Thane. The petition claimed that the permission granted to the Shinde faction on October 13, was an abuse of the process of law and against the principle of natural justice, and that the permission was granted through a back-dated order. The petitioner also claimed that they have been organising Diwali Pahat at Thane for more than 5 years, and therefore, should be allowed to celebrate Diwali Pahat.

The Shinde faction submitted before the court, that they have been conducting musical events for 10 years, and therefore, they had sought a permission from the Municipal Corporation in their individual capacity.

The Municipal Corporation argued that as per the provisions of law, the application has to be made 30 days prior to organising the event along with an NOC from the traffic department, fire department, and police department. The counsel submitted before the court that the application from the Shinde faction was received on 19 September along with all the 3 NOC and the application from Uddhav’s faction was received on 3rd October with only one NOC. 

The court dismissed the petition stating that the petition is devoid of merits and that the court did not find any mala fide on part of the Municipal Corporation in rejecting the application of Uddhav Thackrey's faction 

Case Title: Mandar Pramod Vichare vs Thane Municipal Corporation