1 IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE PUBLIC PUBLIC PUBLIC INTEREST INTEREST INTEREST LITIGATION NO. 46 OF 2006. LITIGATION NO. 46 OF 2006. LITIGATION NO. 46 OF 2006. MR. AJAY S. VAISHAMPAYAN & ANR. ... PETITIONERS. VS. MUNICIPAL CORPORATION OF THE CITY OF PUNE AND ANR. ... RESPONDENTS. MR. R.M.PETHE FOR THEK PETITIONERS. MR. V.P.MALWANKAR AGP FOR RESPONDENT NO.23. MR. S.D.SHINDE H/F.R.G.KETKAR FOR RESPONDENT NO.6. ..... ..... ..... CORAM CORAM CORAM : : : J.N.Patel and A.A.Sayed, JJ. J.N.Patel and A.A.Sayed, JJ. J.N.Patel and A.A.Sayed, JJ. DATE DATE DATE : September 5, 2007. : September 5, 2007. : September 5, 2007. ..... ..... ..... P.C. P.C. P.C. 1. Leave granted to substitute Exhibit "A" and "B", annexed to the Petition by the Act and Rules, applicable to Pune Municipal Council. Leave to amend is granted. Necessary amendments be carried out forthwith. 2. The Petitioner has approached this Court with a grievance that the Respondent- Municipal Council is 2 planning to utilise the funds for different purposes other than originally provided in the budget, which is not permissible under the Pune Municipal Corporation Act and Bombay Provincial Municipal Corporation Act of 1949. 3. The Petitioner is directed to approach the Competent Authority with his grievance and in case, the Authority fails to take any cognizance of his complaint, then and then only he can approach the Court and invoke its Extra Ordinary Jurisdiction. 4. We therefore, dispose of this petition with liberty to the Petitioner to approach the Competent Authority in the matter. ..... [J.N.Patel, [J.N.Patel, [J.N.Patel, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]