Jaydutt Sitaram Holkar v. Lasalgaon Grampanchayat Thr Village Secretary And ORS

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3099 OF 2024 Jaydutt Sitaram Holkar ... Petitioner V/s.

Lasalgaon Grampanchayat Through Village Secretary and Ors.

... Respondents NIKITA KAILAS DARADE by NIKITA KAILAS DARADE Date: 2024.03.05 17:57:31 +0530 WITH INTERIM APPLICATION NO.1842 OF 2024 IN WRIT PETITION NO.3099 OF 2024 Amol Sudam Thore ... Applicant

IN THE MATTER BETWEEN

Jaydutt Sitaram Holkar V/s.

Lasalgaon Grampanchyat ... Respondents Mr. Bhushan U. Deshmukh for the Petitioner.

Mr. Sahil Choudhary i/b Mr. Narayan Rokade for the Applicant.

Mrs. V. R. Raje, AGP for the State.

Ms. Chaitrali Deshmukh, for Respondent (though V. C.) No.2.

Mr. Tushar Sonawane, for Respondent No.5.

CORAM :AMIT BORKAR, J.

DATED :MARCH 5, 2024

P.C.:

1.

The writ petition arises out order vacating the interim relief granted in favour of the petitioner.

2.

It appears that the petitioner disputed his resignation by filing a proceedings under Section 29 of Village Panchayat Act, 1958.

3.

Initially, the Additional Collector granted interim order in favour of the petitioner. On the next date, the Additional Collector vacated the order.

4.

The petitioner, therefore, approached this Court by way of present petition. This Court protected the petitioner by way of interim relief. Considering the scheme of the Act, it is obligatory on the Collector under Section 29(3) to adjudicate on the resignation within 15 days from the date of its receipt. The 15 days are over. 5.

Therefore, it is necessary that the Collector shall decide the dispute under Section 29 filed by the petitioner within one week from today.

6.

Parties including Intervener shall appear before the Collector on 7th March 2024 at 10.30 A. M..

7.

The Collector shall decide the dispute within one week from 7th March 2024.

8.

Ad-interim relief granted by this Court is continued for a period of one week from today.

9.

All contentions including maintainability of dispute under

section 29 of the Act are kept open before the Collector.

10. The writ petition stands disposed of. No costs.

11. In view of disposal of writ petition, the interim application stands disposed of as infructuous.

(AMIT BORKAR, J.)