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Shani Shingnapur Case Judgement
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8593 OF 2016
WITH
CIVIL APPLICATION NO. 12764 OF 2017
Gram Panchayat, Shani Shingnapur
through its Sarpanch
Balasaheb Venunath Bankar,
Age: 40 Years, Occu.: Agriculture,
Village Shani Shingnapur,
Tq.: Newasa, Dist.: Ahmednagar .. Petitioner
Versus
1. The State of Maharashtra,
Through its Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai - 32
2. Zilla Parishad,
Through its Cheif Executive Officer,
Zilla Parishad, Ahmednagar
3. Deputy Chief Officer,
Zilla Parishad, Ahmednagar
4. Panchayat Samiti, Newasa,
Through its Block Development Officer
5. Shri Shaneshwar Devasthan,
Shanishingnapur, Tq.: Newasa,
District: Ahmednagar,
Through its Trustee
Mr. Adinath Jagannath Shete,
Age: Major, Occu.: Social Work,
R/o.: Shaneshwar Devasthan, Shanishingnapur,
Tq.:Newasa, District: Ahmednagar (Intervenor)
.. Respondents
::: Uploaded on - 26/11/2018 ::: Downloaded on - 27/11/2018 00:04:20 :::
2 wp 8593.16
Mr. R. R. Mantri, Advocate h/f. Mr. S. S. Kazi and
Mr. S. R. Shaikh, Advocates for the petitioner.
Mr. S. P. Sonpawale, A.G.P. for Respondent No. 1.
Mr. S. T. Shelke, Advocate for Respondent Nos. 2
to 4.
Mr. V. D. Sapkal, Advocate for Respondent
No. 5. (Intervenor)
Coram: S. V. GANGAPURWALA &
S. M. GAVHANE, JJ.
Reserved for Judgment on: 19.09.2018 Judgment pronounced on: 22.11.2018 Judgment (Per S. V. GANGAPURWALA, J.):
1. Rule. Rule made returnable forthwith. With the consent of learned counsel for respective parties matter is taken up for a final hearing.
2. The right of the petitioner to collect pilgrim tax is a subject matter of the present petition.
3. The petitioner was permitted to collect pilgrim tax pursuant to an order dated 31.07.2016 issued by the Chief Executive Officer, Zilla Parishad, Ahmednagar at the rate of Rs. 2.50 per 3 wp 8593.16 pilgrims above the age of 12 years. The same was pursuant to the Resolution of the Standing Committee – Zilla Parishad, Ahmednagar dated 14.07.2006. From 31.07.2006. The petitioner started imposing a pilgrim tax at the rate of Rs. 2 per head.
4. Under the impugned order, the Chief Executive Officer, Zilla Parishad, Ahmednagar directed the petitioner to stop collecting the pilgrim tax as per the Resolution of the Standing Committee dated 14.07.2016. The petitioner has assailed the said order by filing the present petition.
5. Mr. Mantri, learned Advocate for the petitioner strenuously contends that after following due procedure of law the petitioner is permitted to levy the pilgrim tax, and is collecting the pilgrim tax since 31.07.2006.
The Resolution was passed by the Panchayat Samiti, Newasa on 29.06.2006, permitting Grampanchayat Shanishingnapur to place the matter before the 4 wp 8593.16 Standing Committee, Zilla Parishad, Ahmednagar in respect of levying the pilgrim tax.
The Standing Committee, Zilla Parishad, Ahmednagar on 14.07.2006 passed Resolution No. 589, thereby resolving to grant permission to the petitioner to levy pilgrim tax at the rate of Rs. 2.50 on every pilgrim above the age of 12 years.
Accordingly, the Chief Executive Officer, Zilla Parishad, Ahmednagar issued an order dated 31.07.2006 permitting the petitioner to levy and collect pilgrim tax.
According to the learned Advocate, there was not a single complaint against the petitioner in collecting the pilgrim tax. Though the petitioner was permitted to collect pilgrim tax at the rate of Rs. 2.50, the petitioner imposed pilgrim tax at the rate of Rs. 2 per head only.
The petitioner has not violated any conditions imposed in the order permitting the petitioner to levy and collect pilgrim tax. The petitioner has not received any notice in regard to the violation of the conditions imposed by 5 wp 8593.16 respondent no. 2 in collecting pilgrim tax.
The petitioner kept the accounts of pilgrim tax collected and an audit is done every year in respect of the same. Every year during the time of Yatra and Utsavs about 7 to 8 lacs pilgrims visit devasthan namely Shanishingnapur, and at that time petitioner is not collecting any pilgrim tax from the pilgrims.
The petitioner has to take every measure to maintain/manage water supply, cleanliness, sanitation, and electricity and look after the health problems of all those who visit the devas than Shanishingnapur, more particularly, on the occasion of Shaniamawasya, Gudipadwa, Shani Jayanti.
According to the learned Advocate, the petitioner has a right to collect the pilgrim tax as per Rule 36 of the Maharashtra Village Panchayats Taxes and Fees Rules, 1960 (hereinafter referred to as ‘Rules-1960’). The word ‘Pilgrim’ cannot be given a restricted meaning.
A person who visits a holy shrine is a pilgrim. Even proviso to Rule 36 of the Rules – 1960, permits collection of 6 wp 8593.16 pilgrim tax for the whole year, and the conscious decision has been taken by the respondent permitting the petitioner to collect pilgrim tax for the whole year.
| Language | English |
| No. of Pages | 6 |
| PDF Size | 0.05 MB |
| Category | Government |
| Source/Credits | – |
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