Vidyavati Shankar Deshmukh v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO.5224 OF 2023 VIDYAVATI SHANKAR DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Ms. Nayana Patil h/for Ms. Surekha P. Mahajan, Advocate for the petitioner Mr. S. G. Karlekar, AGP for the Respondents-State Ms. Yogita Thorat, Advocate for respondent No.2

CORAM

: RAVINDRA V. GHUGE, & Y. G. KHOBRAGADE, JJ.

DATE : 8th June, 2023 ORDER:

1.

The petitioner is aggrieved with the resolution passed by respondent No.5 Village Grampanchayat, Ibrahimpur Tq. Degloor, District Nanded, permitting respondent No.6 to sink a well in the agricultural field at Allapur, Post- Khanapur, Tq. Degloor, DistrictNanded under the Mahatma Gandhi Rashtriya Gramin Rojgar Hami Yojana. It is contended that respondent No.6 is not eligible to gain the benefit of the said scheme. The petitioner has already sunk a well under the Jawahar Vihir Yojana earlier (date not mentioned). A representation opposing the resolution passed by the Grampachayat is addressed to the Block Development Officer, Panchayat Samiti, Degloor dated 06.04.2023.

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Considering that the Grampanchayat would not fall within the definition of State under Article 12 of the Constitution of India and since disputed issues cannot be entertained by this Court, this petition is disposed off.

3.

We, however, direct respondent No.3- Block Development Officer, Degloor to consider the representation dated 06.04.2023 on its own merits, if he has jurisdiction to entertain the same. 4.

If the grievance of the petitioner is not redressed, she is at liberty to approach the civil court for seeking redressal of her grievance as against the resolution passed by respondent No.5 Grampanchayat. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan