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Bombay High CourtWP/7624/2019disposed off

Smt. Ranjana Dnyanoba Masal v. State Of Maharashtra Thru Prin. Secretary, Revenue Dept. And ORS

2019-08-28Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

Sr. No. 4 WP 7624 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7624 OF 2019 Smt. Ranjana Dnyanoba Masal ... Petitioner Vs State of Maharashtra & Ors.

... Respondents Mr. Jagdish Reddy, Advocate for the Petitioner. Mr. A.P. Vanarase, AGP for the State.

CORAM : B.P.DHARMADHIKARI & SANDEEP K. SHINDE, JJ DATE : AUGUST 28 th , 2019 P.C.:

1.

Heard learned counsel for the petitioner. He submits that under Section 16(2) of Maharashtra Village Panchayat Act, 1959 mandating adjudication by the Collector within 60 days, present proceedings filed by him in September 2018 seeking declaration of disqualification of Respondent No. 4 have remained, pending without any progress.

2.

With the assistance of Learned AGP, we have perused the papers. Learned AGP is seeking time to verify the facts. 3.

However, perusal of the order-sheet shows that after September 2018, first hearing has taken up on 04.12.2018. Prachi Potdar 1/2

Sr. No. 4 WP 7624 of 2019.odt Thereafter, it has been adjourned on various occasions and we have total seven order-sheets before us.

4.

The order-sheet at least on last four or five occasions records administrative problems faced by the Collector as reason for adjournment.

5.

We are not willing to interfere at this juncture. The Collector is aware of mandate of statute and he cannot permit matter to be prolonged unnecessarily. Petitioner can bring this position to the notice of office of Collector and seek expeditious disposal. 6.

Learned counsel for the petitioner informs that such application has already been made on two occasions. 7.

However, we find that office of Collector needs to be given one opportunity, hence without observing anything and with liberty to point out this order to the Collector and to renew the request to High Court, if his grievance is not redressed thereafter, we dispose of the petition.

(SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.) Prachi Potdar 2/2