Dhananjay Yadavrao Jagtap And Others v. The State Of Maharashtra And Others

1 24WP-723-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 WRIT PETITION NO. 723 OF 2018 DHANANJAY YADAVRAO JAGTAP AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. B.V. Thombre AGP for Respondent/State: Mr. S.Y. Mahajan ...

CORAM : S.S.SHINDE S.M.GAVHANE, JJ.

DATE : 5th February, 2018 ORDER :

1.

We have carefully considered the contents of the applications/representations filed by petitioners addressed to the Tahsildar dated 19th May, 2017 (Exhibit-K) at page No.34 of the petition. The copy of the said applications/representations has been given to the Executive Engineer, Beed, and Sub-Divisional Engineer, Minor Irrigation, Kaij, Dist. Beed.

2.

The petition raises disputed question of facts and unless the representations which are filed by the petitioners and similarly situated persons are decided by respondent No.5, it may not be possible to look into the grievance raised by the petitioners. In that

2 24WP-723-18 view of the matter, we direct respondent No.5 to decide the pending representations/applications, if same are already not decided, on its own merit and in accordance with the government policy as expeditiously as possible, however, within 8 weeks from today. 3.

Needless to observe that it will be open for respondent No.5 to issue notices to the petitioners and call them for hearing and then take the decision on their pending representations/applications. 4.

With the above observations, the petition stands disposed of. 5.

We make it clear that we have not expressed opinion on the merits of the contentions raised in the said representations or about entitlement of the petitioners, and it is for respondent Nos. 5 and 6 to take appropriate decision.

6.

Parties to act upon authenticated copy of this order. [S.M.GAVHANE] [S.S.SHINDE] JUDGE JUDGE mta/-