Gopal @ Ashish Ramrao Datkar And ... vs State Of Maharashtra, Rural ...
2023 Latest Caselaw 6371 Bom

 934-WP-4149-23.odt                                          1



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH : NAGPUR.


                               WRIT PETITION NO.4149/2023
                         Gopal @ Ashish Ramrao Datkar and others
                                           vs.
  State of Maharashtra, Rural Development & Water Conservation Department, Mumbai and
                                         others.

 ---------------------------------------------------------------------------------------------------------
 Office Notes, Office Memoranda of                                   Court's or Judge's Order
 Coram, appearances, Court's Orders
  or directions and Registrar's order
 ---------------------------------------------------------------------------------------------------------
        Shri A.R.Deshpande, Advocate for petitioners.

        CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.

DATE :- 5th JULY, 2023

Leave granted to add Hon'ble Guardian Minister, Akola as well the Zilla Parishad, Akola.

2. The petitioners are Members of Zilla Parishad, Akola and are aggrieved by the communication dated 24.03.2023 issued by the District Planning Officer, Akola directing the Chief Executive Officer of the Zilla Parishad to undertake development works in accordance with list of works forwarded by the Guardian Minister and local Members of the Legislative Assembly. It is submitted that General Body of the Zilla Parishad had on 24.03.2023 passed a resolution resolving to undertake development works in accordance with list of works considered by the General Body. Relying upon the judgment in Charan vs. State of Maharashtra [(2012) 4 Bom C.R. 40], it is submitted that the prerogative of Zilla Parishad to undertake development work cannot be interfered with in such a manner.

3. After the amendment is carried out, issue notice to the respondents, returnable in four weeks.

4. Shri S.A.Ashirgade, learned Additional Government Pleader waives service of notice for the respondents.

5. In the meanwhile, there shall be ad-interim relief in terms of prayer clause (d). Liberty also granted to move if contingency arises.

6. To be heard alongwith Writ Petition No.2902 of 2023.

(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

Andurkar.