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Bombay High CourtPIL/192/2018disposed off

Subhash Namdev Salunkhe v. State Of Maharashtra Through The Secretary And ORS.

2018-12-19Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Naresh H. Patil3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION (L)NO.31294 OF 2018 Subhash Namdev Salunkhe ...

Petitioner V/s.

The State of Maharashtra & ors.

...

Respondents Mr.Nagesh Chavan for the petitioner.

Ms. Nisha Mehra, AGP for respondents 1, 2 and 6. CORAM :

NARESH H. PATIL, C.J.

& M.S.KARNIK, J.

19th December, 2018.

P.C.

The petitioner prays for following substantive reliefs:- " (b) (i) To direct the Respondent Nos.1 to 5 to made an inquiry about the misappropriation, fraud and illegality committed by the Respondent Nos. 6 to 8, more particularly the Sarpanch, Upsarpanch and then the Village Development Officer of the Respondent No.7 Village Panchayat Erandoli in

2/3 25pilst 31294.18.doc respect of the various public fund arises under the different head of the Respondent No.7 and also about the grievance raised by the Petitioner. (b) To direct the Respondent Nos. 1 to 5 to take action against the Respondent Nos.6 to 8, more particularly the Sarpanch, Upsarpanch and then the Village Development Officer of the Respondent No.7 Village Panchayat Erandoli, about the grievance raised by the present Petitioner.

2.

It is submitted that there has been misappropriation in the funds of the Panchayat to the tune of Rs.2Crores. It is submitted that though petitioner has not preferred any representation, the petitioner would rely upon other documents and representations made by villagers. It is submitted that the Extension Officer, Panchayat Samiti has submitted a Final Report to Block Development Officer, Panchayat Samiti, still no action has been taken.

3/3 25pilst 31294.18.doc 3.

We have perused the record and considered the submissions advanced.

4.

In our opinion the present PIL can be disposed of by granting the petitioner liberty to file a comprehensive representation addressed to Chief Officer, Zilla Parishad, Sangli in respect of the subject issue. In case such a representation is received within 3 weeks, the Chief Officer would look into this representation and deal with the same in accordance with law.

5.

Public Interest Litigation stands disposed of. M.S.KARNIK, J CHIEF JUSTICE L.S. Panjwani, P.S.