Anuradha Kisan Gavhane And Others vs The Collector Nanded And Others
2022 Latest Caselaw 6040 Bom

                                                                    912-WP NO.3029 OF 2022.odt


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                            WRIT PETITION NO.3029 OF 2022
                                        WITH
                            CA/4050/2022 IN WP/14799/2021

                SHUDDHODHAN NIVRUTTI YENGADE AND OTHERS
                                 VERSUS
                  THE STATE OF MAHARASHTRA AND OTHERS

                                         ...
                  Advocate for Petitioners : Mr. Ankush N. Nagargoje
                  AGP for Respondent Nos.1 to 3 : Mr. K. B. Jadhavar
          Advocate for Respondent No.4 in WP/3029/2022 : Mr. D. P. Mundhe
           Advocate for Applicant in CA/4050/2022 : Mr. Sudhir K. Chavan.
           Advocate for Petitioner in WP/14799/2021 : Mr. U. B. Deshmukh
                                         ...

                                    CORAM : MANGESH S. PATIL, J.

                                    DATED      : 29 JUNE 2022

PER COURT :

                 Heard.

2. The Writ Petition No. 14799 of 2021 was preferred by directly

elected Sarpanch. Some of the respondents therein were not served and the

writ petition was decided by this Court by the judgment and order dated 12

January 2022.

3. The unserved respondents therein had approached the Hon'ble

Supreme Court in Special Leave to Appeal (c) No. 3234 of 2022. By the order

dated 04 March 2022 the petitioners before the Supreme Court were granted

liberty to move this court for recalling the judgment and order, which decided

912-WP NO.3029 OF 2022.odt

the writ petition. Pursuant thereto, Civil Application No. 4050 of 2022 has

been preferred in that writ petition.

4. Simultaneously, the Writ Petition No.3029 of 2022 has been

preferred by the Upsarpanch against orders confirming the no confidence

motion. By the administrative order, the Civil Application no. 4050 of 2022

has been clubbed with Writ Petition No. 3029 of 2022.

5. The respondent no.5 in Civil Application No. 4050 of 2022 has

not been served. He was one of the complainants supporting the no

confidence motion passed against the Sarpanch. He needs to be served before

the matters are taken up for final disposal.

6. Learned advocates Mr.Nagargoje and Mr. Chavan submit that he is

intentionally avoiding the service.

7. Re-issue notice to the respondent no. 5 in Civil Application No.

4050 of 2022 returnable on 12-07-2022 for final disposal by registered speed

post as also by regular mode of service, the petitioners/applicants are granted

liberty to serve him privately by all modes and to file affidavit of service along

with the acknowledgment.

8. Stand over to 12-07-2022.

( MANGESH S. PATIL, J.)

Tandale/-