Ramdas Dnyandeo Ghavate v. The State Of Maharashtra And Others

2025:BHC-AUG:34135-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 10 OF 2021 Ramdas Dnyandeo Ghavate

VERSUS

The State Of Maharashtra And Others Mr. A. G. Ambetkar, Advocate for petitioner Mr. S. B. Narwade, AGP for respondent-State

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 05th December, 2025 PER COURT :- 1.

Present Public Interest Litigation has been filed for quashing and setting aside the inquiry report dated 26.10.2018 submitted by respondent No. 5 Extension Officer, Panchayat Samiti, Parner, Dist. Ahmednagar to respondent No. 4 Block Development Officer, Panchayat Samiti, Parner, Dist. Ahmednagar. The petitioner also prays for initiation of fresh enquiry against respondent No. 6 and 7, wherein fabricated documents of Gramsabha without presence of villagers from village Jawale, Tq. Parner, Dist. Ahmednagar.

2.

Learned Advocate for the petitioner submits that the petitioner is resident of Village Jawale, Tq. Parner, Dist. Ahmednagar. There is liquor shop or sale of liquor that is going in the village which is unauthorized and illegal. According to the petitioner, respondent Nos. 6

and 7 have not followed the appropriate procedure for taking Gramsabha in village Jawale and they have only done paper work. The petitioner's representation for taking action against Erring Officer was in way, however, when respondent No. 5 Extension Officer, Panchayat Samiti, Parner allegedly made inquiry, he has not followed appropriate procedure.

3.

Upon inquiry, learned Advocate for the petitioner reiterates that the act of selling country liquor and liquor is illegal and without any license. He points out the inquiry report wherein it is stated that in 21 Gramsabha's taken from 15.09.2015, only few women are attending Gramsabha. As regards the sale of liquor is concerned, it is then stated that there should be special Women Gramsabha and General Gramsabha to be held. Inquiry Report has not been acted upon. Learned Advocate for the petitioner also submits that the petitioner had made complaint to Superintendent of Excise Department, Ahmednagar on 27.04.2016. Similar complaint has been made to Superintendent of Police, Ahmednagar, Police Inspector, Parner. However, these persons have not taken any cognizance.

4.

Important point to be noted is that as regards the sale of illicit liquor is concerned, actions are covered under the Maharashtra Prohibition Act, and therefore, that cannot be the subject matter in a

PIL. If it is in respect of closer of shop wherein such activity of selling liquor is going on then it is covered by the Government Resolution dated 25.03.2008, and therefore, it has to be undertaken under these legally permissible procedures. Therefore, the petitioner has open to lodge the report with the police authorities i.e., F.I.R. or if the cause of action still survives because the PIL was filed on 05.04.2019. Though it has been registered in 2021, and it appears that it can kept under objection for almost two years, the petitioner may apply for adherence of the Government Resolution also.

5.

With the aforesaid directions, we dispose of the writ petition. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi