Amrapali Khandu Gaikwad v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.3147 OF 2016 Shantabai w/o Kisan Ladewad ...

PETITIONER

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .....

Shri S.B. Bhosale, Advocate for petitioners Shri B.V. Virdhe, A.G.P. for State .....

WITH WRIT PETITION NO.3148 OF 2016 Amrapali Khandu Gaikwad ...

PETITIONER

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .....

Shri S.B. Bhosale, Advocate for petitioners Shri B.V. Virdhe, A.G.P. for State .....

WITH WRIT PETITION NO.3156 OF 2016 Kalpana Moglaji Rajpallu ...

PETITIONER

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .....

Shri S.B. Bhosale, Advocate for petitioners Shri B.V. Virdhe, A.G.P. for State .....

WITH WRIT PETITION NO.3158 OF 2016 Shaikh Javed Shaikh Fhattumiya ...

PETITIONER

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .....

Shri S.B. Bhosale, Advocate for petitioners Shri B.V. Virdhe, A.G.P. for State .....

CORAM:

S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATED:

16th March, 2016.

ORAL ORDER :

1.

Mr. Bhosale, learned counsel for the petitioners submits that the petitioners are elected members of the Grampanchayat. Notice has been issued by the Tahsildar directing the petitioners to submit validity within 7 days or else petitioners would be responsible for further consequences. According to the learned counsel, the proposal has already been submitted to the

Committee in February/ March 2015.

2.

Issue notice to respondents. Learned A.G.P. waives service for the respondents.

3.

Learned A.G.P. submits that, in view of Section 10(1) (A) of the Maharashtra Village Panchayats Act, more particularly proviso, the petitioners are required to submit the validity within stipulated period.

4.

To get the proceedings decided within stipulated period is not in the hands of the litigant. It is submitted that the proceedings are pending since February/ March 2015. 5.

Considering the above, we pass the following order : 6.

The respondent Committee shall decide the validity in respect of the caste/ tribe claim of the petitioner expeditiously, preferably within six months. The petitioners shall co-operate in expeditious disposal of the said proceedings. The petitioners shall appear before the Committee on 4th April 2016. 7.

The petitioners may file their say to the Tahsildar

with regard to the impugned notices and may bring it to the notice of the Tahsildar the factual and legal position. The Tahsildar shall take into consideration the legal proposition/ submissions while resorting to further course of action, if any. 8.

Writ Petition disposed of. No costs.

(A.I.S. CHEEMA, J.) ( S.V. GANGAPURWALA, J.) fmp/wp3147.16