Nilkanth Pandurang Gorte v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3321 OF 2019 Nilkanth s/o Pandurang Gorte, Age: 38 years, Occ: Agri., R/o. Hipparga (Kopdeo), Tal. Ahmedpur, Dist. Latur ..PETITIONER

VERSUS

1.

The State of Maharashtra Through its Secretary, Rural Development, Mantralaya, Mumbai - 400032 2.

The District Collector, Latur, District Latur 3.

Sundrabai Madhukar Kendre, Age: 40 years, Occ: Household, R/o. Hipparga (Kopdeo), Tal. Ahmedpur, Dist. Latur 4.

The Gramsevak, Village PANCHAYAT, Hipparga (Kopdeo), Tal. Ahmedpur, Dist. Latur ..RESPONDENTS Mr Pratap G. Rodge, Advocate for petitioner;

Mrs Preeti V. Diggikar, A.G.P. for respondent Nos. 1 and 2 CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 13th MARCH, 2019

(2) ORAL ORDER :

Heard learned Counsel appearing for the petitioners.

2.

A limited prayer is raised in the petition on the backdrop of documents on record, namely, in the elections conducted in the year 2015 for village panchayat samiti, Hipparga (Kopdeo), Taluka Ahmedpur, District Latur, respondent No. 3 declared as elected candidate from the reserved category. A dispute was raised before the Collector at the instance of present petitioner taking recourse to the provisions of Section 10(1)(a) of Maharashtra Village Panchayat Act, 1958. Copy of the dispute placed on record shows that it was presented before the authority on 30th November, 2018. A statement is made in the petition that notices were issued to the parties and in response to the notices, parties have also submitted their respective Say.

3.

The District Collector, on hearing the contesting parties, closed the matter for judgment

(3) on 14th December, 2018. Though the petitioner approached the authority time and again for the judgment or order, till date, it is not passed. As such, the petitioner approached this Court by filing present petition on 2nd March, 2019.

4.

In view of these facts, the petition is disposed of with directions to respondent No. 2 - Collector, Latur to decide the dispute as early as possible and not later than six weeks from the date of receipt of the order of this Court, if it is not already decided.

5.

With these directions, the petition is disposed of.

( NITIN W. SAMBRE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe