Dagdoba Babarao Giram v. The State Of Maharashtra And Others
{1} wp994.18.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 994 OF 2018 Dagdoba s/o Babarao Giram Petitioner
Versus
The State of Maharashtra & others Respondents Mr. K.S. Chavan, advocate for petitioner.
Mr. P.K. Lakhotiya, A.G.P. for respondents 1 to 4. Mr. P.N. Male, advocate for respondent no. 5. CORAM : R.M.BORDE & K.K. SONAWANE, JJ.
DATE : 22nd FEBRUARY, 2018 PER COURT:
1.
Petitioner is objecting to the decision of allotment of sand spot from village Gopegaon, Tq. Pathri, Dist. Parbhani situate at gat nos. 12, 14 and 15 of river bed of Godawari. 2.
It is the contention of petitioner that the Gram Sabha has specifically objected to the allotment of sand spot for the purpose of excavation. However, the objections of the Gram Sabha have been over-ruled by the authorities and the decision has been taken to allot the sand spot in favour of the successful bidder i.e. respondent no. 6.
3.
Clause 17 of the policy declared by the State Government on 12th March, 2013, provides for an alternate forum for redressal of the grievance. Remedy is provided for petitioner to move to the Sub-Committee, consisting of the Ministers, constituted in
{2} wp994.18.odt accordance with the Government Resolution dated 26th May, 2011. 4.
In the circumstances, it would be open for the petitioner to approach the Minister Level Committee with appeal/representation objecting to the action of allotment of sand spot. If petitioner tenders appeal/representation to the Minister Level Committee within a period of one week from today, the Minister Level Committee shall take appropriate decision in the matter, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of the appeal/representation. 5.
Until disposal of the appeal, ad-interim relief granted by this Court on 24th January, 2016 shall continue to operate. 6.
In view of above, writ petition stands disposed of. K. K. SONAWANE R.M.BORDE JUDGE JUDGE dyb