The Grampanchayat Khamgaon Thr The Gramsevak v. The State Of Maharashtra And Others

2025:BHC-AUG:112-DB 909 CA-14 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 14 OF 2025 IN PIL/29/2022 WITH CIVIL APPLICATION NO. 15 OF 2025 IN PIL/29/2022 WITH WRIT PETITION NO. 4359 OF 2022 WITH PUBLIC INTEREST LITIGATION NO. 29 OF 2022 THE GRAMPANCHAYAT KHAMGAON THR THE GRAMSEVAK ....Applicant

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....Respondent .....

Advocate for Applicant : Mr. Tapse Ashok Ramdhan AGP for Respondent Nos. 1 & 2 : Mr. V. M. Kagne Advocate for Respondent Nos. 3, 4, 7 & 11 : Mr. P. D. Suryawanshi Advocate for petitioner in PIL : A. S. Kakde h/f Mr. V. D. Salunke .....

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 03.01.2025 PER COURT :

These are applications filed by Gram Panchayat Khamgaon and Pimpalgaon Dhas in tune with the order passed in the PIL on 24.05.2022.

2.

Learned advocate for the original petitioner submits that the petitioner does not have any objection for grant of the prayers since jhs/ 1/2

909 CA-14 OF 2025.odt the works have been done for which payments will have to be released .

3.

Even the learned Advocate for the Zilla Parishad does not have any objection. It is being pointed out that earlier also one Gram Panchayat was granted similar relief and permission to release the funds for the work discharged.

4.

We allow both these applications in following terms:- (A) The Block Development Officers of the concerned Panchayat Samiti(s) shall once again carry out a verification of the amounts to be released.

(B) Amounts will be released to those entities who have been granted completion certificate by the Grampanchayat. (C) Needless to state, if any of these completion certificates are subsequently noticed to be defective or having been granted without due verification, the concerned Executive Engineer/Authority which has issued the completion certificates, would be held solely liable.

(D) Those entities who are being disbursed amounts by the Grampanchayats under this order, shall tender an affidavit undertaking that, if the said entity is found to have received excess amounts or wrongfully received the amounts, such amounts shall be redeposited with the Grampanchayats within eight weeks from the date of such order, either passed by this Court or by the Zilla Parishad Authorities.

(E) Needless to state, unless a completion certificate is issued by the concerned Grampanchayat / Zilla Parishad / Authority after due verification, no payments would be released to such particular entity.

5.

List the PIL for admission together with pending applications on 31.01.2025.

( PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) jhs/ 2/2