Bharat Hemraj Patil And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:10241-DB 923-WP-4805-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4805 OF 2024 Bharat Hemraj Patil And Others

VERSUS

The State Of Maharashtra Through The Secretary And Others ...

Mr. M. S. Deshmukh, Advocate for the Petitioners Ms. Neha Kamble, AGP for Respondents/State Mr. S. R. Dheple, Advocate for Respondent Nos. 6 to 8 ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : MAY 08, 2024 PER COURT :

1.

This matter was heard on 07.05.2024 and was posted today for further hearing.

2.

The learned Advocate for the Z. P. points out a communication dated 19.03.2024 addressed by the Block Development Officer, Panchayat Samiti, Chalisgaon to the Deputy Collector, EGS, Office of the District Collector, Jalgaon. An opinion was sought as to whether the works before us in this Petition, could be a part of the MANREGA works or the Shelf works related to the MANREGA. The learned AGP places a copy of the communication dated 05.04.2024, addressed by the Deputy Collector, EGS Smt. Archana More to the said BDO.

923-WP-4805-2024.odt 3.

We have perused the reply. The reply neither informs the BDO that the work would fall under the MANREGA or related works or whether it would not fall under the MANREGA or its related works. It is a reply as vague as it could be and is of no assistance. 4.

The learned Advocate for the Petitioner, has graciously taken instructions and submits that considering that the Code of Conduct would be lifted on 04.06.2024, let the competent authority allow the beginning of the said works immediately keeping in view the onset of the rainy season any time from or after 15.06.2024.

5.

In view of the above, we direct the Z. P. and its authorities to ensure that the works for which work orders have been issued, pertaining to the Panand Road, would commence on 04.06.2024 and no further delay would be caused.

6.

With the above directions, this Writ Petition is disposed off.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani