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Bombay High CourtWP/3556/2019disposed offdismissed for default

Sunil Karbhari Shinde And Others v. The State Of Maharashtra And Others

2019-03-13Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3556 OF 2019 Sunil Karbhari Shinde & ors ..PETITIONERS

VERSUS

The State of Maharashtra & ors ..RESPONDENTS Mr Rajendra L. Kute, Advocate for petitioners; Ms Rashmi P. Gour, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 13th MARCH, 2019 ORAL ORDER :

Heard learned Counsel appearing for the petitioners.

2.

The grievance of the petitioners is, sufficient material available with the revenue authorities to demonstrate that Kopargaon Taluka of Ahmednagar district is one of the drought affected areas. It is claimed that though representation is submitted to the authorities, more particularly, to the Collector, Ahmednagar on 8th March, 2019, no

(2) decision is taken on the representation.

3.

Learned Counsel for the petitioners invited our attention to initially exchange of communication between the Collector and President of the District Level Drought Monitoring Committee, Ahmednagar and Agricultural Commissioner and President of State Level Drought Monitoring Committee, Maharashtra State, Pune dated 23rd October, 2018, whereby the Collector gave his recommendatory opinion for a positive consideration of declaration of Kopargaon Taluka as drought affected Taluka. Inaction on the part of the respondents would lead to a greater sufferance to the residents of Kopargaon Taluka and villages under Kopargaon Taluka. In an identical circumstances, this Court directed the authorities to decide the representation by order dated 7th March, 2019 in Writ Petition No. 3377 of 2019. 4.

On the backdrop of submissions of learned Counsel for the petitioners and the documents

(3) placed on record, more particularly communication dated 23rd October, 2018, we see no reason to take a different view than the view adopted by this Court in order dated 7th March, 2019 in Writ Petition No.3377 of 2019. As such, we direct respondent No.3 to decide the representation dated 8th March, 2019 as early as possible and not later than six weeks from the date of receipt of the order of this Court, needless to state that on the merits of the representation.

5.

With above directions, the petition is disposed of accordingly.

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