Bombay High Court
Ku. Mangalabai Chandanlal Rahul vs The State Of Maharashtra Thr. Its ... on 7 September, 2016
Bench: Prasanna B. Varale
1 WP6962.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 6962 OF 2015
PETITIONER : Ku. Mangalabai Chandanlal Rahul,
Aged about 40 years, Occu. Sarpanch,
Gram Panchayat, Salebardi,
R/o Salebardi, Tq. Tiroda, Dist. Gondia
- VERSUS -
RESPONDENTS : 1] The State of Maharashtra,
ig through its Minister,
Rural Development Department,
Mantralaya, Mumbai - 440 032.
2] The Deputy Commissioner (Rehabilitation),
Office of Divisional Commissiioner,
Nagpur Divisiion, Nagpur.
3] The Chief Executive Officer,
Zilla Parishad, Gondia,
Tah. & Dist. Gondia.
4] Block Development Officer,
Panchayat Samiti, Tirora,
Tah. Tirora, Dist. Gondia.
-------------------------------------------------------------
Mr. M. V. Joshi, Advocate for the petitioner.
Mrs. H. N. Prabhu, A.G.P. for the respondent nos.1 and 2.
Mr. Anoop Parihar, Advocate for the respondent nos.3 and 4
------------------------------------------------------------
CORAM : PRASANNA B. VARALE, J.
DATE : SEPTEMBER 07, 2016.
ORAL JUDGMENT
Rule. Rule made returnable forthwith. With the consent of
the learned counsel for the parties, the petition is heard finally at the
2 WP6962.15.odt
stage of admission itself.
2] The petition challenges the order passed by the respondent
no.2 - Deputy Commissioner (Rehabilitation), Nagpur Division, Nagpur,
dated 29.10.2015, thereby declaring the petitioner disqualified to hold
the post of Sarpanch and Member of Village Panchayat, Salebardi in
view of Section 39(1) of Bombay Village Panchayat Act, 1958 (at
present Maharashtra Gram Panchayat Act, 1958).
3] Though, Mr. Joshi, the learned counsel for the petitioner
made some submissions on the merits of the matter, he fairly submitted
that the impugned order passed by the respondent no.2 is challenged
before the State Government by preferring an appeal. The learned
counsel further submitted that though, the appeal is presented, the
petitioner is not aware of the progress of the same as there is no
communication received by the petitioner in that respect. The learned
counsel submitted that though, the petitioner made attempts to know
the progress, there was no positive response from the respondent.
4] The learned Assistant Government Pleader submitted that
recently a communication dated 01.09.2016 is received by her from the
3 WP6962.15.odt
office of respondent no.1 addressed to respondent nos.2 and 3. The
learned AGP has placed on record a copy of said communication dated
01.09.2016. It is taken on record and marked as "X" for identification.
Perusal of the said communication shows that the Desk Officer was
directed to inform that the appeal filed by the petitioner is posted for
hearing on 20.09.2016 at 2.00 p.m. by the Hon'ble State Minister, Rural
Development, in his Chamber No. 407 (Extn. Building), 4 th floor,
Mantralaya, Mumbai. The communication further shows that the
offices of respondent nos.2 and 3 were directed to inform the date of
hearing of the appeal and direction to the parties to remain present
along with necessary documents.
5] Thus, as the appeal filed by the petitioner itself is now fixed
for hearing before the Hon'ble Minister of State, it is not necessary to go
into the merits of the present petition. The petition can be disposed of
as infructuous on filing of the appeal and the same being pending
before the State Government.
6] The learned counsel for the petitioner submitted that along
with the appeal, the petitioner had filed an application for grant of stay
on 14.11.2015 and the same is pending before the State Government.
4 WP6962.15.odt
The Hon'ble Minister is directed that if the appeal is not decided on the
date given in the communication, the application for stay filed by the
petitioner in the said proceeding be decided as early as possible by
giving opportunity of hearing to the petitioner. If the Hon'ble Minister is
inclined to hear the application on a particular date, the date be
informed to the petitioner/appellant a week prior to posting the stay
application for hearing. The learned Assistant Government Pleader
submits that due to intervening holidays, there may be some difficulty
in issuing separate notice to the petitioner of hearing of application
before the Hon'ble Minister. She, therefore, requested that the
communication dated 01.09.2016 placed on record before this Court
may be treated as a notice to the petitioner so as to avoid any
complication and save time. The learned counsel for the petitioner
submits that the communication placed before this Court would be
treated as a notice to the petitioner and the petitioner would remain
present before the Hon'ble Minister on 20.09.2016 at 2.00 p.m. for
hearing of the appeal.
7] Before parting, it would be necessary to issue certain
directions to the authorities of the State Government as it is a common
grievance raised before this Court that whenever the proceedings are
5 WP6962.15.odt
filed before the State Government, the parties are not informed about
the progress of the same or the parties are informed at such a stage that
there is hardly any time left for them to approach the State Government
with necessary documents. The grievance raised requires attention. If
the appeals are presented before the State Government, necessary
communication be forwarded to the parties by observing a calender of
hearing in such a way that the party must get sufficient period to appear
before the State Government along with the necessary documents. The
authority should ensure that there is reasonable time gap in between
the communication being forwarded to the party concerned and the
date of hearing before the State Government. This exercise would take
care of observation of principle of natural justice.
With these directions, the writ petition is disposed of. Rule
discharged. No order as to costs.
JUDGE
Diwale
6 WP6962.15.odt
C E R T I F I C A T E
"I certify that this Judgment/order uploaded is a true and
correct copy of original signed Judgment/Order."
Uploaded By : Parag P. Diwale, P.A. Uploaded on: 14.09.2016
