Dashrath Vithoba Pise And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3377 OF 2019 Dashrath s/o Vithoba Pise, Age: 56 years, Occu: Agril., R/o Khiradi, Tq. Shrirampur, Dist. Ahmednagar & ors.

..PETITIONERS

VERSUS

The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai-32 & ors.

..RESPONDENTS Mr R. R. Karpe, Advocate for petitioners;

Mr S. S. Dande, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 7th March, 2019 ORAL ORDER:

Heard Mr Karpe, learned Counsel appearing on behalf of the petitioners.

2.

The petitioners are the farmers raising a limited grievance in this petition. Mr Karpe submitted that the State Government, with a laudable object to take appropriate measures to meet with drought situation, issued various circulars and resolutions. One of such Government Resolutions dated 7th October, 2017 is placed on record at Exh.'A'. Mr Karpe then submitted that as per the policy of the Government and as per the modalities

(2) and procedure prescribed, the District/Taluka/villages are declared as drought affected by the State Government. He then submitted that the villages from Shrirampur Taluka and villages under other two circles, namely, Takalibhan and Undirgaon are drought affected villages. There is considerable fall in the recovery of loans related to the agricultural activities and reduction in tuition fees or examination fees of the school going and college going children. Even the declaration of paisewari in these three circles, namely, Shrirampur, Takalibhan and Undirgaon and another circle Belapur is below than 50 paisa due to drought situation. 3.

The petitioners along with the other farmers, time and again, approached the Honourable Minister of Revenue and Forest, the Collector of District Ahmednagar, the Additional Commissioner of Revenue, Nashik Division, Nashik and the Tahsildar, Shrirampur. Mr Karpe, learned Counsel, by inviting our attention to the copy of representation placed on record at Exh.'J' submitted to the Tahsildar, stated that on the same lines the representations are submitted to the Honourable Minister of Revenue and respondent Nos.2 and 3 i.e. Additional Commissioner, Nashik and Collector, Ahmednagar, respectively. Learned Counsel for the petitioners then submitted that the petitioners anxiety is of early decision on these representations as due to less rainfall, the petitioners apprehend drought situation in the present year also and if in case representations are considered positively at the earliest, these petitioners, who are farmers would be benefited so as to meet the scarcity or drought situation.

(3) 4.

The aforesaid being the grievance raised in the petition and on finding considerable merit in the submission of Mr Karpe, learned Counsel for the petitioners, the petition is taken up for hearing/disposal at the admission stage.

5.

Issue notice to respondents, returnable forthwith. 6.

Learned Asstt. Govt. Pleader waives service of notice for all the respondents.

7.

The petition is disposed of with direction to respondent Nos.1 to 3 to decide the representations submitted to them on 14th January, 2019. Though it is submitted fairly by Mr Karpe that the copies of these representations are not placed as an illustrative representation, a copy of the representation submitted to the Tahasildar is submitted on record. We accept the statement of learned Counsel for the petitioner. As a cautionary measure, we direct the petitioners to submit the copies of these representations, even if submitted to these authorities, within one week from today. The authorities to take decision on the representation, as expeditiously as possible. With the aforesaid observations/directions, the petition is disposed of. (S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) sjk