Bombay High Court
Ranjankhol Grampanchyat ... vs The State Of Mah And Ors on 10 November, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4153 OF 2007
Ranjankhol Gram Panchayat,
Ranjankhol, Tal. Rahata,
District Ahmednagar, through
Sau.Hiratai Rajendra Narode,
age: 40 years, Occ: Social work,
Sarpanch, R/o Ranjankol,
Tal.Rahata, District Ahmednagar. Petitioner
Versus
01 The State of Maharashtra,
through the Secretary,
Revenue and Forest Department,
Mantralaya, Mumbai.
02 The Commissioner,
Nasik Division, Nasik.
03 The Collector,
Ahmednagar, District Ahmednagar.
04 Sub Divisional Officer,
Shrirampur, District Ahmednagar.
05 The Tahsildar, Shrirampur,
District Ahmednagar.
06 The Tahasildar, Rahata,
District Ahmednagar. Respondents
Mr.A.B.Kale, advocate for the petitioner.
Mr.S.P.Sonpawale, A.G.P. for Respondents.
CORAM : R.M.BORDE &
SMT. VIBHA KANKANWADI, JJ.
DATE : 10th November, 2017
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ORAL JUDGMENT (Per R.M.Borde, J.):
01 The petitioner-Gram Panchayat Ranjankhol is praying
for issuance of directions to the Respondent-State to issue
notification and include the petitioner-village in Srirampur taluka
by directing deletion of said village from Rahata taluka.
02 The aspect of inclusion or deletion of any village from
any taluka, altering boundaries of any taluka or creation of any
new taluka is governed by the provisions of Maharashtra Land
Revenue Code and it is the domain of the State Government to
direct alteration of the boundaries of the taluka or to direct
constitution of new taluka in observance of the procedure
prescribed in Land Revenue Code.
03 So far as the prayer made by petitioner, in the instant
petition is concerned, it does appear that a draft notification was
issued on 25.05.1999 in Government Gazette thereby proposing to
include village Ranjankhol in Rahata taluka at Sr.No.55 in the
village list. Objections were called and considering the objections,
Government issued final notification on 23.06.1999. In the final
notification, village Ranjankhol was included in Rahata taluka.
Petitioner Village Panchayat raised an objection and requested to
delete the village from Rahata taluka and include it in Srirampur
taluka. Accordingly the Government issued draft notification and
published in the Government Gazette on 10.08.2001, declaring
deletion of Ranjankhol village from Rahata taluka and including it
in Srirampur taluka. Petitioner Gram Panchayat raised objection
to this draft notification dated 10.08.2001 also. In view of the
objection, draft notification dated 10.08.2001 was dropped.
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4 It does appear that the village Panchayat is changing
its stance from time to time. In the instant petition, a request is
made to include the village in Srirampur taluka.
5 It is open to the petitioner to pursue the request with
the State Government and it is the domain of the State
Government to consider the same in accordance with law. The
administrative decision taken by the State Government need not be
interfered in exercise of extraordinary jurisdiction conferred upon
this Court under Article 226 of the Constitution. The final
notification issued by the Government in respect of inclusion of
Ranjankol in Rahata taluka need not be interfered with.
6 Keeping other options open to the petitioner to avail of
the remedies available in law, petition stands dismissed.
7 Rule discharged. No costs.
SMT.VIBHA KANKANWADI R.M.BORDE
JUDGE JUDGE
adb/wp415307
