Popat Digambar Gilbile And Another v. The State Of Maharashtra Through Secretary And Others

wp7649-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 WRIT PETITION NO.7649 OF 2022 POPAT DIGAMBAR GILBILE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Suryawanshi Govind G. AGP for Respondents State: Mr. S. K. Tambe

CORAM

: RAVINDRA V. GHUGE, & ARUN R. PEDNEKER, JJ.

DATE : 24th August, 2022 ORDER:

1.

The petitioners have put forth prayer Clause (B) as under: "B) By issuing writ of mandamus or any other appropriate writ, order or directions, in the like nature, the respondents be directed to decide the proposal dated 30.11.2021 which is pending before the respondent No.4 in respect of getting the grants for the purpose of plantation of trees under the (MRGS) scheme of government."

2.

As the hearing in this matter progressed to some extent, we realized that the National Mission on Sustainable Agriculture (NMSA) and the Sub Mission on Agro Forestry (SMAF), have sanctioned Rs.335.02 lacs. The petitioners desire that they should be beneficiaries of the said project and they hope to be allocated the said funds. As the Social Forestry Department has not taken a decision, they pray for a writ of mandamus.

wp7649-22 3.

The High Court should be slow in interjecting with the policy decisions of the State Government and implementation of the policies. The policy matters are best left to the State Government, unless found to be arbitrary.

4.

The learned AGP submits that the proposals submitted by the petitioners are hardly any proposals. They lack in material details. 5.

The learned Advocate for the petitioners adds that they have planted certain trees like sandalwood, mango, cashew nut, jack-fruit, etc., hoping that they would get the funds from the said scheme. 6.

The petitioners have submitted a proposal to the Sarpanch believing that the Sarpanch has forwarded the proposal to the Block Development Officer.

7. In view of this above, this petition is disposed off. 8.

If the petitioners tender proper proposals with required details to the Social Forestry Department, if not already tendered, and if such proposal can be legally entertained by the Department, we leave it to the Department to take an appropriate decision strictly within the framework of the said scheme.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. ) JPC