Maruti Parshuram Shedge v. The State Of Maharashtra, Through Principal Secretary, Dept Of Rural Development And ORS

PIL 16-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 16 OF 2017 Maruti Parshuram Shedge .. Petitioner V/s The State of Maharashtra & Ors.

.. Respondents Mr. Ravi P. Kadam for the petitioner.

Mr. A.B. Vagyani, Government Pleader with Mr. V.N. Sagare, AGP for the State.

Mr. Siddhesh Pilankar with Mr. Uday Warunjikar for respondent nos.3 and 5.

CORAM: DR. MANJULA CHELLUR, CJ. & N.M. JAMDAR, J.

DATE : 14th SEPTEMBER 2017 P.C.:

The present public interest litigation is filed complaining certain illegalities committed by respondent no.4 - Sarpanch, so far as the housing scheme in village Padali in the district of Satara. 2.

According to the petitioner, the public funds are misused by respondent no.4 and other officials so far as implementation of scheme of Gharkul Indira Aavas Yojana in the Gramsabha of Bharatgav village. According to him, respondent no.4 has allotted a plot in Gat No.212 at Bharatgav to a person who is not entitled to get the said land. According to him, the beneficiary by name Smt. ABS

PIL 16-2017 Kalavati D. Shelar is a resident of Padali village and owns a double storyed house in Padali village and, therefore, she is not entitled to claim a plot in Bharatgav, and in spite of entire material being within the knowledge of respondent no.4, he has allotted a plot in her favour in Gat No.212 and similarly in Gat No.55 also, such allotment was done.

3.

Apparently respondent no.5 - Chief Executive Officer, Zilla Parishad, Satara, was not made a party till the Court took note of the same and directed the petitioner to amend the cause title. Now respondent no.5 is impleaded as an additional respondent. If the respondent no.5 has already taken note of the situation, well and good. If the respondent no.5 has not taken any action on the complaint of the petitioner, we direct him to treat this PIL as a complaint and dispose of the same in accordance with the procedure contemplated on its own merits.

4.

With the above directions, we dispose of the PIL. (N.M. JAMDAR, J.) CHIEF JUSTICE ABS