Avinash Munjajira Kale v. The Stet Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD P. I. L. NO. 52 OF 2021 Avinash Munjajirao Kale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri S. S. Thombre, Advocate for the Petitioner. Shri D. R. Kale, Incharge G.P. for Respondent Nos. 1 to 7. CORAM :

S. V. GANGAPURWALA AND M. G. SEWLIKAR, JJ.

DATE :

23RD JUNE, 2021.

FINAL ORDER :

.

Mr. Thombre, the learned advocate for the petitioner submits that, the present PIL is filed seeking directions against respondent Nos. 8 to 10 to complete an enquiry within a period of three months and further to take action against erring officials who are responsible for committing irregularities in the work of K.T. weir.

2.

On the last date this Court adjourned the matter for one week to enable the learned Govt. Pleader to produce evidence to support his statement that the enquiry into the alleged illegalities and irregularities in the tender process in respect of KT weir has commenced.

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The affidavit has been filed by the Sub Divisional Officer, Soil and Water Conservation Sub Division, Deulgaon Raja on behalf of respondent Nos. 8 to 10. In the affidavit it has been averred as under :

"The Committee will visit to the spots and make detail enquiry on war footing and after 25.06.2021 the Committee will start its enquiry by visiting spots, there are 35 spots/work wherein allegations are made about the work. The Committee will give visit to each and every spot and complete nquiry and submit its report to the Government. I humbly submit that the Committee will complete the said exercise by end of July, 2021 and submit its report to the Government as per directions. I submit that the Chariman of the Committee has given authorization for filing present affidavit as well as schedule of visit and enquiry by the committee.

I say and submit that, enquiry of all the works, as alleged in the complaint/representation would be conducted and completed on war footing by visiting all sites and it will be completed till 31.07.2021 and its report will be filed/submitted to the Government."

4.

It has been accepted by the deponent on behalf of respondent Nos. 8 to 10 that, the enquiry would be conducted and completed on war footing by visiting all the sites and the enquiry would be completed by 31.07.2021 and its report will be submitted to the Government. We accept the said statement made in the affidavit.

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The matter should not rest at submitting the report. Pursuant to the report that would be submitted, further action shall be taken in tune and in consonance with the report expeditiously and the same shall be taken to its logical end. 6.

We hope and trust that once the report is received by 31st July, 2021 as undertaken in the affidavit in reply, the further steps shall be taken by the authority for necessary action. It is expected that there would be no lethargy on the part of the State and its authorities to take action in consonance and in tune with the report submitted by the authorities.

7.

The public interest litigation accordingly is disposed of. No costs.

[M. G. SEWLIKAR, J.] [S. V. GANGAPURWALA, J.] bsb/June 21