Sanjay S/O Sopan Bhagwat And ORS v. The State Of Maharashtra Through Secretary, Water Resources Dept. And ORS

53-wp-10398-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10398 OF 2019 Sanjay S/o. Sopan Bhagwant & Ors.

...Petitioners

Versus

State of Maharashtra Thr. Secretary, Water Resources Dept. & Ors.

...Respondents

---- Mr.N.N. Bhagwat for the Petitioners.

Mrs.P.J. Gavhane, AGP, for the Respondent Nos.1 to 4-State. ---- CORAM : S.V. GANGAPURWALA & by NILAM SANTOSH KAMBLE Date: 2022.07.08 12:48:10 +0530 NILAM SANTOSH KAMBLE S.M. MODAK, JJ.

DATE : 5 JULY 2022 P.C:- .

The grievance of the Petitioner is that there is an inequitable, improper and unreasonable distribution of water to the beneficiaries of the Palkhed left bank canal having the lands in the zone of said canal ranging in between 110 to 129 kms through distributaries Nos.46 to 52.

2.

It would not be within the realm of this Court exercising its jurisdiction under Article 226 of the Constitution to embark upon the policy. If it is a case of the inequitable distribution of water the Petitioner may approach the forum constituted in that regard.

N.S. Kamble page 1 of 2

53-wp-10398-2019 3.

The learned AGP submits that the said forum is available and/or the Petitioners may approach the authorities concerned with the grievances. Naturally the authorities concerned would consider the grievances of the Petitioner on its own merits.

4.

With these observations and directions, the Writ Petition is disposed of. No costs.

(S.M. MODAK, J.) (S.V. GANGAPURWALA, J.) N.S. Kamble page 2 of 2