Kalavati Balbhim Shinde v. The State Of Maharashtra Thr The Ministry Dept And ORS

Kanchan P Dhuri 1 / 2 23-WP-1903-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1903 OF 2022 Kalavati Balbhim Shinde ...

Petitioner

Versus

The State of Maharashtra and others ...

Respondents WITH INTERIM APPLICATION (ST) NO. 5329 OF 2022 INTERVENTION APPLICATION NO. 1142 OF 2022 IN WRIT PETITION NO. 1903 OF 2022 .........

Mr. Sarang Aradhye for the Petitioner.

Mr. Pramod Patil alongwith Mr. Rajesh Tekale for the Applicants in IA(st)-5329-2022 and IA-1142-2022.

Mr. Vijay Killedar for Respondent No.3.

Ms. P.N. Diwan, AGP for the State.

Mr. Purshottam Chavan for Respondent No.4.

.........

CORAM : S.J. KATHAWALLA AND MILIND N. JADHAV, JJ.

DATED : MARCH 2, 2022 P.C. :- According to the Petitioner, taking advantage of she not being literate her thumb impression was obtained on a document by misrepresentation and fraud which later turned out to be her resignation letter as the Sarpanch of the Grampanchayat - Devade, Taluka - Pandharpur, District - Solapur. Affidavits are filed by the Respondents. Certain Interim/ Intervention Applications are also filed. Some Affidavits are filed by individuals supporting the Petitioner whereas certain Affidavits

Kanchan P Dhuri 2 / 2 23-WP-1903-2022.odt are filed wherein it is alleged that the Petitioner has come up with an incorrect and false story and she had voluntarily given her resignation. Since the Writ Petition involves serious disputed facts, it will be difficult for this Court to decide the same in exercise of its Writ Jurisdiction. We therefore grant liberty to the Petitioner to file an application/dispute before the Collector, Solapur within a period of one week from today, seeking necessary reliefs. In the event of such Application/dispute being filed by the Petitioner, the Collector, Solapur shall hear the concerned parties and decide the same within a period of eight weeks from the date of filing of the application/dispute. All contentions of the parties are kept open. The above Writ Petition is accordingly disposed off. In view of this order, the above Intervention as well as Interim Applications also stands disposed off. ( MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. ) by KANCHAN PRASHANT DHURI Date:

2022.03.02 19:40:36 +0530 KANCHAN PRASHANT DHURI