Shri Gautam S/O Motiram Gaikwad vs State Of Maharashtra Through Its ...
2017 Latest Caselaw 9381 Bom

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

                  Writ Petition No.2310 of 2015


  Shri Gautam s/o Motiram Gaikwad,
  Aged about 35 years,
  Occupation - Labour,
  R/o. Selu, Post Kalambi,
  Tah. Kalmeshwar, Dist. Nagpur.                  ... Petitioner

       Versus

  1. State of Maharashtra,
     through its Secretary,
     Revenue Department,
     Mantralaya, Mumbai-32.

  2. State of Maharashtra,
     through Collector of Nagpur City,
     Office at Collectorate,
     Civil Lines, Nagpur.

  3. State of Maharashtra,
     through Sub-Divisional Magistrate,
     Office at S.D.M. Office, Saoner,
     Dist. Nagpur.

  4. State of Maharashtra,
     through Tahsildar,
     Office- Tahsil Karyalay,
     Kalmeshwar, Dist. Nagpur.

  5. Gram Panchayat, Selu,
     through its Secretary,
     Office at Gram Panchayat Karyalay,
     Selu, Tah. Kalmeshwar, Dist. Nagpur.




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  6. Shri Vinod s/o Marotrao Gore,
     Aged about 52 years,
     Service, 
     R/o. Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  7. Shri Ashok s/o Panjabrao Jamdar,
     Aged about 48 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar, 
     Dist. Nagpur.

  8. Shri Anil s/o Balakdash Rangari,
     Aged about 35 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  9. Shri Anil s/o Harichand Patle,
     Aged about 32 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar, 
     Dist. Nagpur.

  10.Shri Ravindra s/o Mukundrao Patil,
     Aged about 47 years,
     Occupation - Business,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar, 
     Dist. Nagpur.




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  11.Shri Rahul s/o Madhukarrao Vaidya,
     Aged about 27 years,
     Occupation - Service,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar, 
     Dist. Nagpur.

  12.Shri Ramesh s/o Radhelal Bhagat,
     Aged about 50 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar, 
     Dist. Nagpur.

  13.Shri Tarachand s/o Nanaji Patle,
     Aged about 49 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar, 
     Dist. Nagpur.

  14.Smt. Sangita s/o Raju Nehare,
     Aged about 38 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar, 
     Dist. Nagpur.

  15.Shri Tularam s/o Raghobaji Gajabhye,
     Aged about 53 years,
     Occupation - Business,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar, 
     Dist. Nagpur.




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  16.Shri Mansaram s/o Bhimrao Lanjewar,
     Aged about 42 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  17.Shri Uvraj s/o Sheshrao Rangari,
     Aged about 47 years,
     Occupation - Farmer,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  18.Shri Ganesh s/o Radheshyam Agrawal,
     Aged about 42 years,
     Occupation - Business,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  19.Shri Arun s/o Mahadeo Bhalavi,
     Aged about 46 years,
     Occupation - Farmer,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  20.Shri Roshan s/o Ratnakar Eknath,
     Age 28 years,
     Occupation - Business,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  21.Lalu s/o Ajabrao Eknath,
     Aged about 37 years,
     Occupation - Business,




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       R/o Selu, Post- Kalambi,
       Tah. Kalmeshwar,
       Dist. Nagpur.

  22.Shri Pandurang s/o Marotrao Asole,
     Aged about 38 years,
     Occupation - Business,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  23.Shri Raju s/o Gaddhiji Somkuwar,
     Aged about 35 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  24.Shri Rajendra s/o Kisan Bagde,
     Aged about 46 years,
     Occupation - Business,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  25.Shri Shankar s/o Dasaram Harinkhade,
     Aged about 32 years,
     Occupation - Labour,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  26.Shri Sanjay s/o Chandrabhan Doiphode,
     Aged about 30 years,
     Occupation - Farmer,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.




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  27.Shri Gunderao s/o Gopal Dakhare,
     Aged about 45 years,
     Occupation - Business,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.

  28.Shri Edhakhan s/o Kayamkha Sayyad Pathan,
     Aged about 40 years,
     Occupation - Farmer,
     R/o Selu, Post- Kalambi,
     Tah. Kalmeshwar,
     Dist. Nagpur.                       ... Respondents


  Shri A.A. Mardikar, Advocate for Petitioner.
  Shri   A.M.   Deshpande,   Assistant   Government   Pleader   for 
  Respondent Nos.1 to 4.
  Shri S.R. Bhongade, Advocate for Respondent No.5.


               Coram : R.K. Deshpande & M.G. Giratkar, JJ.

Date : 7th December, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. This petition challenges the allotment of plots made on

3-2-2015 under the Abadi Scheme of Gram Panchayat, Seloo. It

also seeks a direction to the respondent No.2, the State of

Maharashtra, through the Collector, to conduct a detailed

enquiry and a fresh survey in respect of allotment of plots under

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the Abadi Scheme.

2. Initially, the notice was issued by this Court on

21-4-2015. Thereafter, the allottees were permitted to be joined

as the party-respondents as per the order dated 15-10-2015. On

18-10-2016, this Court passed an order as under :

" On hearing the learned counsel for t he parties on more than a couple of occasions, we prima-facie find that there is a gross illegality and irregularity in the matter of allotment of plots to the respondent nos.6 to 28. It appears that though certain respondents were the owners of plots, plots have been allotted to them by the gram sabha, though plots were liable to be allotted only to the poor and needy. We find that the husband of the Sarpanch of the gram panchayat had also sought for the allotment of the plot and a plot is allotted to him. We further find that the members of the gram panchayat are allotted the plots under the scheme. On the last date of hearing, the learned Assistant Government Pleader stated that there is a possibility that the scheme for allotment was not properly adhered to. It was stated that since the authority to allot the plots lies with the gram sabha and

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since the gram sabha has made allotment of the forty plots, the State Government had approved the list submitted by the gram sabha to the State Government, without any enquiry.

We prima-facie find that the State Government should not have accepted the list submitted by the gram sabha without looking into the objections, or the correctness or otherwise of the allotment made. In the circumstances of the case, presently, it would be necessary to issue directions to the respondent no.2-Collector, Nagpur to conduct a detail enquiry in the matter of allotment of the plots under the Abadi scheme to the villagers of Gram Panchayat, Seloo.

The respondent no.2 is therefore directed to conduct an enquiry in the matter of allotment of plots under the Abadi scheme of Gram Panchayat, Seloo and submit a report in this court till the returnable date.

Stand over to 06.02.2017 for further consideration.

The parties are directed to maintain status quo in regard to the plots, till the returnable date."

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Thereafter also on 17-7-2017, the following order was

passed :

" Though on the previous dates of hearing, this Court had directed the Collector to make an enquiry in respect of the alleged illegal allotment of plots to the respondent nos.6 to 28 and make a report in respect of the same, the Collector has not made a proper enquiry as was directed by the order dated 18.10.2016.

After the order dated 18.10.2016 was passed, the Collector had filed an affidavit giving the details about the enquiry in respect of only six allottees though we had directed an enquiry in the allegations against the respondent nos.6 to 28.

In the second affidavit that is filed on record, there is a reference only to the an enquiry pertaining to the allotment of the plot to the husband of the Sarpanch. Again, despite grant of time to the Additional Collector to look into the matter and make an enquiry in respect of the respondent nos.6 to 28, an enquiry only in respect of allotment in favour of the husband of the Sarpanch is made.

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On a reading of the first affidavit, it is apparent that plots have been allotted to the persons who are the owners of immovale property in the village. Admittedly, though Yuwraj Rangari has a residential house recorded in the joint name, he is allotted a plot though several persons who do not have any landed property whatsoever, are left without a plot. Also, it appears that a plot has been allotted to Tularam Gajbhiye though he owns a house bearing no.85 with an area of 810 square feet. The enquiry report itself shows that gross illegalities are committed while making the allotments.

The learned Assistant Government Pleader states that within three weeks, the enquiry in respect of the remaining allottees out of the respondent nos.6 to 28 would be made and a report would be tendered in this Court.

However, since we prima-facie find that the allotments are grossly illegal, we stay the order of allotments in favour of the respondent nos.6 to 28 till further orders. It is needless to direct that the respondent nos.6 to 28 cannot make any construction whatsoever on the plots allotted to them.

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Stand over to 14.08.2017 for further consideration.

Steno copy of the order is granted to the learned Assistant Government Pleader, on request."

3. In response to the aforesaid orders, the affidavits are

filed and the reports are also submitted in respect of the enquiry

into the genuineness of the claims of the allottees, and the

affidavit dated 19-8-2017 has been filed to that effect. The

claims of the allottees in respect of which the objections were

raised, are verified and the report is submitted to this Court,

justifying the allotment.

4. When the matter was listed on the last occasion on

23-11-2017, we made it clear that the matter is pending for

admission since 2015, and in view of the aforesaid orders passed

by this Court, the matter shall be heard finally at the stage of

admission. As the matter is kept today for final disposal, Rule,

made returnable forthwith. Heard finally by consent of the

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learned counsels appearing for the parties.

5. The policy of the State Government in respect of

allotment of plots is reflected in para 3 of the affidavit

dated 28-7-2015 filed on behalf of the respondent Nos.3 and 4,

the State Government. Para 3 is, therefore, reproduced below :

"3. It is submitted that, allotments of the plots under the Abadi Scheme is initiated after every 10 to 15 years by the respondent no.1, State of Maharashtra. The purpose of the Abadi Scheme is to provide plots for residential purpose to the beneficiaries who are not financially sound and cannot afford to purchase land for constructing their houses. It is submitted that, through the said scheme, the local Gram Panchayat carries out survey and accordingly also identifies the land for the purpose of allotment. The Gram Panchayat, therefore, holds a Gram Sabha to pass a Resolution to that effect. The said proposal is then forwarded to the Revenue Department which sanctions the same and accordingly acquires the land for allotment. It is pertinent to mention here that, the beneficiaries are being issued the Adhikar Patra and under the same he is not authorized or entitled

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to sell the said plot to any other person. It is also to be stated here that, if the allottee is not in need of such plot then he is required to surrender the same to the State Government."

In accordance with the aforesaid provision, a meeting of

Gram Sabha was held on 29-12-2014 considering the question of

allotment of plots on the basis of the criteria reflected in the

aforesaid para. The petitioner attended the said meeting. The

names of the persons for allotment of plots were unanimously

recommended. The claim of the petitioner for allotment of plot

was rejected on the ground that he has his own house. Even in

the affidavit dated 19-8-2017 filed in response to the various

orders passed by this Court, the stand is taken that on the date of

allotment, the petitioner was residing in his father's house,

having area admeasuring 540 sq.ft. on the plot having area of

798 sq.ft. and, therefore, the case of the petitioner was not

considered for allotment. In fact, we find that the claim of the

petitioner was rejected for allotment of plot.

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6. This petition is not treated as a public interest litigation

for making an enquiry. The petitioner himself was one of the

applicants for allotment of plot. Though his claim was rejected,

the order of rejection was not made the subject-matter of

challenge in this petition. The petitioner himself is found to be

ineligible for allotment of plot, and we, therefore, doubt the

locus of the petitioner to claim the reliefs, as are sought in this

petition.

7. Be that as it may, we have gone through the report

submitted to this Court as per the orders passed on the earlier

occasions and the affidavit of the Collector, Nagpur

dated 6-3-2017, in which it is stated that there is no illegality in

allotment of plots. The allotments, which were objected to, have

been considered and the detailed report has been submitted.

The petitioner is not the person aggrieved. On the contrary, he

is the person who is found ineligible for allotment of plot when

the unanimous decision taken by the Gram Sabha on

29-12-2014. After perusing the report and the affidavit of the

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Collector, who is the responsible person, we do not find that

anything more can be done in this matter.

8. The petition is dismissed. Rule stands discharged. No

order as to costs.

(M.G. Giratkar, J.) (R.K. Deshpande, J.)

Lanjewar, PS