Bombay High Court
Vitthal Rajaram Shitole vs The Collector, Pune And Ors on 3 April, 2023
Bench: R.D. Dhanuka, Gauri Godse
2023:BHC-AS:10292-DB
36-WP- 3971-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3971 OF 2023
Vitthal Rajaram Shitole
Age: 52 years Occ: Agriculturist,
Residing at Post Koregaonmul, Taluka Haveli,
District- Pune. .. Petitioner
Vs.
1. The Collector, Pune,
Having his office at New Collector
Office Building, Opp. Sasoon Hospital,
Station Road, Pune - 411 001.
2. The Tahsildar, Taluka Haveli,
District Pune, Having address at
Shukrawar Peth, Khadak Mal,
Ali, Pune - 411 002.
3. Gram Vikas Adhikari,
Gram Panchayat Koregaonmul,
Taluka Haveli, District - Pune.
4. Bhanudas Khanderao Jedhe
Age: 44 yrs, Occ: Agriculturist,
5. Bapusaheb Yashwant Bodhe
Age: 68 yrs, Occ: Agriculturist,
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6. Leelavai Bapusaheb Bodhe
Age: 67 yrs, Occ: Agriculturist,
7. Vaishali Amit Sawant,
Age: 40 yrs, Occ: Housewife,
8. Ashwini Chintamani Gadh
Age: 36 yrs, Occ: Housewife,
9. Sachin Gulab Nikalje
Age: 35 yrs, Occ: Agriculturist,
10. Mangal Jagannath Pawar
Age: 40 yrs, Occ: Housewife,
11. Radhika Santosh Kakade
Age: 39 yrs, Occ: Housewife,
12. Mangesh Ashok Kankate,
Age: 28 yrs, Occ: Agriculturist,
13. Pallavi Ramesh Nazirkar
Age: 35 yrs, Occ. Agriculturist,
14. Dattatraya Dnyaneshwar Kakade
Age: 35 yrs, Occ.: Agriculturist,
15. Manisha Nandakishore Kad
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Age: 42 yrs, Occ: Agriculturist,
Respondent Nos. 4 to 15 are
residing at Post Koregaonmul, Taluka Haveli,
District: Pune - 412 202.
16. The Talathi, Koregaonmul, Taluka Haveli,
District: Pune.
17. State of Maharashtra .. Respondents
Ms. Sneha Bhange h/f. Mr. C. B. Nikte for the Petitioner.
Mr. N. K. Rajpurohit, AGP for the State.
Dr. U. P. Warunjikar a/w. Ms. Neha G. Deshpande i/b. Mr. Aadesh
Konde Deshmukh for Respondent Nos. 4 to 13.
Mr. Sumedh Ruikar for Respondent No.3.
Mr. Prajit S. Sahane, for Respondent Nos. 14 and 15.
CORAM:- R.D. DHANUKA &
GAURI GODSE, JJ.
DATE :- 03 APRIL, 2023.
ORAL JUDGMENT: (PER : - R. D. DHANUKA, J)
1. Matter is on board and mentioned out of turn.
2. Rule. Learned counsel for the Respondents waive
service. Rule made returnable forthwith. Heard finally by consent
of the parties.
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3. This matter was on board on 30th March, 2023, when
this Court recorded the no objection of the Petitioner and
Respondent Nos. 4 to 13 to quash and set aside the impugned
order by consent of the parties passed by the Collector and
remand the matter back to the Collector for deciding the dispute
filed by the Petitioner in accordance with law. Since the
Respondent Nos. 3, 14 and 15 were not present earlier, this Court
could not dispose of the Petition.
4. Respondent Nos. 3, 14 and 15 today appeared through
their respective counsel and recorded similar no objection which
was recorded between the Petitioner and Respondent Nos. 4 to 13.
Statement is accepted.
5. All the parties are agreeable for quashing and setting
aside the order passed by the Collector and for remanding the
dispute filed by the Petitioner before the Collector, hence we pass
the following order:
ORDER
(i) The impugned order dated 23rd March, 2023 passed
by the Respondent No.1 Collector in Dispute
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Application No. 32 of 2023, is quashed and set
aside;
(ii) The dispute filed by the Petitioner before the
Respondent No.1 Collector i.e. Dispute Application
No. 32 of 2023 be restored to file;
(iii) The Collector to pass fresh order in the said dispute
after hearing the parties within four weeks from the
date of granting personal hearing;
(iv) The parties are directed to remain present before
the Respondent No.1-Collector on 12 th April, 2023
at 11.00. a.m;
(vi) The Collector to pass an order in the said dispute
Application on its own merits and in accordance
with law and without being influenced by impugned
order dated 23rd March, 2023 passed by the
Respondent No.1-Collector;
(vii) If the order passed by Respondent No.1-Collector is
adverse against any of the parties, the order shall
not be implemented for a period of one week;
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(viii) It is made clear that if any adverse order is passed
against the Petitioner or any parties supporting the
Petitioner, fresh Election shall not be held without
complying the mandatory period prescribed under
the Maharashtra Village Panchayat Act, 1959;
(ix) The Collector would be at liberty to call for the
requisite records from the office of Tahsildar for the
purpose of scrutinizing the dispute application filed
by the Petitioner. The parties before the Collector
would be at liberty to take inspection of the records
and proceedings called for by the Collector from the
office of Tahsildar;
(x) The Collector would be also at liberty to call for the
records from the office of the Caste Scrutiny
Committee relating to the Caste Validity Certificate
produced by some of the parties to the proceedings;
(xi) The Collector shall give inspection to all the parties
of all the documents which he proposes to rely upon
for deciding the dispute application.
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6. The learned counsel for the Petitioner, on instructions,
states that his client does not propose to take the charge of post of
Sarpanch, in view of the fact that no confidence motion decided by
the Tahsildar is not set aside by this order. Statement is accepted.
Till the issue is decided by the Collector in the dispute application
filed by the Petitioner, Deputy Sarpanch who has taken charge on
the post of Sarpanch, shall continue to act in the same position.
7. The Petition is disposed of in the aforesaid terms.
8. Rule is made absolute in the above terms.
9. All parties to act on authenticated copy of this order.
(GAURI GODSE, J.) ( R.D.DHANUKA, J. )
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