Devidas Nagorao Magar v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:3197 8-WP.870-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 WRIT PETITION NO. 870 OF 2024 DEVIDAS NAGORAO MAGAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Parghane Madhukar M. AGP for Respondents-State : Mr. A. S. Shinde. Advocate for Respondent Nos.4 to 9 : Mr. Sanket S. Shinde. ...

CORAM : S. G. MEHARE, J.

DATE :

13.02.2024 PER COURT :- 1.

Heard the learned counsel for the petitioner, learned AGP for respondent Nos.1 to 3/State Authorities and learned counsel for respondent Nos.4 to 9.

2.

A small question that has been raised before the Court is that from the date of the receipt of the notice for No Confidence, the Tahsildar did not convene the said meeting within seven (7) days. The notice of No Confidence Motion was submitted to the Tahsildar on 30.10.2023 and the meeting was convened on 06.11.2023. The date of the receipt of the notice is to be excluded. On excluding that date, the meeting was exactly convened on the 7th day i.e. on 06.11.2023.

8-WP.870-24.odt 3.

The Tahsildar is acted as per Sub Section 2 of Section 35 of the Maharashtra Village Panchayats Act. The Collector has correctly calculated the limitation and dismissed the petition against the resolution of no-confidence.

4.

There is no substance in the writ petition. Hence, writ petition stands dismissed at admission stage. 5.

No order as to costs.

(S. G. MEHARE, J.) ...

vmk/-