Namdeo Laxman Sawant And Others v. The State Of Maharashtra And Others

1 wp 5018.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5018 OF 2019 Namdeo Laxman Sawant and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Kuldeep S. Patil, Advocate for the Petitioners. Shri S. B. Yawalkar, Addl.G.P. for the Respondent Nos. 1 to 3. Shri A. A. Jagatkar, Advocate for the Respondent Nos. 4 and 5. Shri B. A. Dhengle, Advocate for the Respondent Nos. 6 and 7. CORAM :

MANGESH S. PATIL AND SANDEEP V. MARNE, JJ.

DATE :

15.09.2022.

FINAL ORDER :- .

Heard both the sides finally.

2.

The petitioners are aggrieved by the deprivation of the financial aid in accordance with the scheme to which they were entitled to on account of digging of wells in their respective lands.

3.

It transpires that they had filed a complaint to the Collector being Grievance Redressal Authority. After hearing both the sides by order dated 04 April 2019, the Collector objectively scrutinized the proposals of the petitioners in the light of all the Government Resolutions and the modalities and

2 wp 5018.19 found them entitled to get the benefit. He also concluded that, they were being deprived of for no fault of theirs. The Collector directed the Deputy Chief Executive Officer (Employment Guarantee Scheme), Zilla Parishad, Aurangabad to forward a proposal to the Grievance Redressal Authority so as to enable it to take a decision.

4.

It appears that subsequently by the order dated 14 September 2019, the Collector Aurangabad passed a final order inter alia observing that the Chief Officer of the Zilla Parishad should forward a suitable proposal in respect of benefit to be accorded to the petitioners to the State Government, but disposed of the complaint on the sole ground that the petitioners had approached this Court interregnum by filing the petition. We deprecate the approach of the Collector in apparently vindictively disposing of the complaint, inspite of having noticed that the petitioners' claims were genuine and needed consideration. 5.

Be that as it may, we allow the writ petition and direct the respondents to take steps pursuant to the order passed by the Collector dated 14 September 2019 as early as possible and in any case within a period of four (04) weeks from today. [SANDEEP V. MARNE, J.] [MANGESH S. PATIL, J.] bsb/Sept. 22