Sagar S/O. Bhaskarrao Adhau vs The Additional Commissioner, ...
2022 Latest Caselaw 10972 Bom

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

                            WRIT PETITION NO. 6548 OF 2022
                            Sagar s/o Bhaskarrao Adhau
                                        Vs.
                  The Additional Commissioner, Nagpur and others

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. Bhojraj Dhandale, Advocate for the Petitioner.
                                  Ms. M.A. Barabde, A.G.P. for the Respondent Nos.1 and 2



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 18th OCTOBER, 2022.

Heard Mr. Dhandale, learned counsel for the petitioner. The petition challenges the order dated 04/07/2022 by respondent No. 2 (page 50), whereby the petitioner has been disqualified as Sarpancha on account of the respondent No.2 holding the petitioner has incurred disqualification under section 14(1)(g) of the Maharashtra Village Panchayat Act, on the ground that he has received the amount due under the works implemented under the Maneraga scheme. The appellate authority, by the order dated 7/10/2022 (page

19) has dismissed the appeal.

2. Mr. Dhandale, learned counel relying upon judgment in the case of Sou. Nandabai Ramesh Wakude Vs. Shivprasad s/o Waman Wakude in Writ Petition No. 7294 of 2014, decided on 11.3.2015 (para 5) contents that the Maneraga scheme is under the scheme of the 2 32-wp6548-22.odt

State Government and not of the Panchayat (page 47) and therefore, the provisions of Section 14(1)(g) of the Maharashtra Village Panchayat Act was not attracted. The Notification dated 24/8/2018, (page 47) prima facie indicates this position considering which, issue notice for final disposal returnable on 21/11/2022.

2. Ms. M.A. Barabde, learned Assistant Government Pleader waives service of notice on behalf of respondent Nos. 1 and 2.

3. The petitioner shall serve the respondent Nos.3 to 5 by all modes including hamdast.

4. Till the returnable date, there shall be ad- interim stay in terms of prayer clause (b).

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:18.10.2022 19:49