Hargude Grampanchyat Thr Its Sarpanch And ORS v. The State Of Maharashtra And ORS

901 WP 2597-21.odt TRUSHA TUSHAR MOHITE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2021.09.09 10:49:33 +0530 WRIT PETITION NO. 2597 OF 2021 Hargude Grampanchayat & Ors.

... Petitioners

Versus

The State of Maharashtra & Ors.

...

Respondents .........

Mr. Dhirendra Takawale for the Petitioners.

Ms Rupali Chavan, AGP for the Respondent-State. .........

CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ.

DATE :SEPTEMBER 8, 2021.

P.C. :- .

Heard.

2.

By this petition, under Article 226 of the Constitution of India, the Petitioners are challenging the GR dated 15/10/2018 issued by the Respondent Government for construction of underground pipeline work of natural water flow near Pilanwadi Dam.

3.

The learned counsel for the Petitioners submits that because of the said pipeline their natural flow will affect and therefore they have filed the present petition. He submits that for the same cause of action the Petitioners have made representation dated 03/11/2020 (Exhibit-I, Page

154) to the Respondent State. He submits that till today the said representation is not decided by the State. He submits that in the interest Laxmi 1 / 2

901 WP 2597-21.odt of justice, this Hon'ble Court be pleased to direct the Respondent State to decide their representation on its own merits and inform their decision to the Petitioners.

4.

The learned AGP for the State submits that he requires some time to take instructions and file necessary affidavit if any. 5.

Considering the submissions made by the learned counsel for the Petitioners and for the same issue the Petitioners have already filed representation dated 03/11/2020 with the State and the same is pending on its own merits, the petition can be disposed of with following directions:

a.

The Respondent State is directed to decide the Petitioners' representation dated 03/11/2020 (Exhibit-I, Page-154) on its own merits, as early as possible, but in any case, on or before 30/11/2021 and inform their decision to the Petitioners in writing. b.

Parties to act upon authenticated copy of this order. c.

The writ petition stands disposed of with those directions. d.

No order as to costs.

e.

All contentions of the parties are kept open. ( PRITHVIRAJ K. CHAVAN, J. ) ( K.K. TATED, J. ) Laxmi 2 / 2