Shri. Bedkanth S/O Mahadeo Mandal ... vs State Of Maharashtra Rural ...
2016 Latest Caselaw 1818 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR




                                                                                                                      
                               WRIT PETITION NO. 2396 OF 2016




                                                                                     
           1. Bedkanth s/o Mahadeo Mandal
              aged about 35 yrs., Sarpanch,
              Gram Panchayat, Ramnagar,
              Tah. Arjuni Morgaon,




                                                                                    
              Distt. Gondia.          ::                                                                    PETITIONER

                         .. Versus
                                   ..




                                                                
           1. State of Maharashtra,
              Rural Development and Water Recourse 
              Department, Government of Maharashtra,
                                     
              Mantralaya, Mumbai
              through its Minister/Secretary.
                                    
           2. The Deputy Commissioner,
              Nagpur Division, Nagpur.

           3. The Chief Executive Officer,
              Zilla Parishad, Gondia. 
      


           4. Santosh s/o Pramod Mirdha
   



              aged about Major, Occp. Farmer.
              R/o Ramnagar, Tah. Arjuni Morgaon,
              Distt. Gondia.                   ::                                                RESPONDENTS
     ...................................................................................................................................





                              Shri B. S. Dhandale, Advocate for the petitioner.
                        Shri A. M. Balpande, A.G.P. for respondent Nos. 1 and 2.
                          Shri N. B. Kirtane, Advocate for respondent No.4.
      ...................................................................................................................................

                                                                   CORAM :  S. B. SHUKRE, J.

DATED : 25th APRIL, 2016.

O R A L J U D G M E N T O R A L J U D G M E N T

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by

consent.

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3. After hearing this matter, learned Counsel for the petitioner

is not pressing for interim directions and submits that the petitioner

would be satisfied if the appeal, filed under Section 39(3) of the

Maharashtra Village Panchayats Act, 1958, pending before respondent

No.1 is decided within a time bound manner.

4. While it is not possible to fix any time frame within which

the appeal shall be decided, it would be appropriate for this Court to

make a request to respondent No.1 to decide the appeal as

expeditiously as possible keeping in view the fact that democratically

elected Sarpanch and members of the Gram Panchayat are being

ousted from their present positions. In such cases, it is always

desirable that the appeals are disposed of as early as possible. If, that

is not done, complications may arise apart from the fact that there

could be multiplicity of proceedings.

5. In this view of the matter, it is directed that the appeal shall

be decided in accordance with law by respondent No.1 as

expeditiously as possible and the request that, it shall be disposed of

on or before 05/5/2016. Meanwhile, respondent No.1 may also

decide the stay application filed by the petitioner, if it is felt necessary.

Writ petition is thus partly allowed and rule is made

absolute in the above terms. No costs.

JUDGE

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