Amitkumar Bhimrao Bankar vs Additional Divisional ...
2023 Latest Caselaw 3447 Bom

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

                 WRIT PETITION NO.2000/2023
Amitkumar s/o Bhimrao Bankar Vs. Additional Divisional Commissioner
                           and others
                             WITH
     WRIT PETITION Nos. 1783/2023, 1784/2023 & 2064/2023

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

                                  WP Nos.2000/23, 1783/2023
                                  Mr. D.S. Jagyasi, Advocate for petitioner
                                  WP Nos. 1784/2023 & 2064/2023
                                  Mr. Virat Mishra, Advocate for Petitioner
                                  Ms. T.H. Khan, AGP for Respondent / State
                                  Mr. N.Y. Thengre, Advocate for Respondent No.2


                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 6th APRIL, 2023

Learned Assistant Government Pleader makes a statement that the judgment in Nandabai Balaji Thombare Vs. Hon'ble Minister, Rural Development and others 2019 (6) Mh.L.J. 948, was on the basis of the expression 'State Government', as contained in Section 16(2) of the Maharashtra Village Panchayat Act to whom an appeal would lie against the decision of the Collector and therefore, the delegation of the powers to the Additional Commissioner under Notifications dated 20/04/1977 and 08/02/2017, was found to be justified. It is however brought to my notice, that the word 'State Government' has been deleted from

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Section 16(2) of the Act and replaced by the word 'Commissioner' by the Maharashtra Act of 2018 w.e.f. 19/7/2018 and therefore, since the appeals in these matters, have been decided by the Additional Commissioner, the question of delegation would be required to be considered. She therefore, seeks time to place on record the order of delegation, as such delegation is permissible under Section 182(4) of the Maharashtra Village Panchayat Act.

2. List the matters on 11th April, 2023.

JUDGE

MP Deshpande