Sanjay Ashok Anbhule And Others v. State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:9984-DB *1* 907wp4836o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 4836 OF 2024 SANJAY ASHOK ANBHULE AND OTHERS

VERSUS

STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Shri Deshmukh Mahesh S., Advocate for the Petitioners. Shri S.K. Tambe, AGP for Respondent Nos.1 and 2/State. Ms.Kavita Bhale, Advocate for Respondent Nos.3 and 4. Shri S.P. Salgar, Advocate for Respondent No.5. ...

CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATE :- 07th May, 2024 Per Court :- 1.

The proceedings under Section 39 of the Maharashtra Village Panchayats Act have been initiated by the Petitioners against Respondent No.5. The office of the Divisional Commissioner, Nashik, has already communicated to the Chief Executive Officer, Zilla Parishad, Ahmednagar, vide communication dated 31.01.2024, to inquire and submit a report under the proviso below Section 39(1). Yet, the Chief Executive Officer has not done the needful. A further reminder was sent by

*2* 907wp4836o24 the Divisional Commissioner himself, on 07.02.2024. Yet, there is no response. The said communications dated 31.01.2024 and 07.02.2024 (three pages), are taken on record and marked as 'X' for identification.

2.

In view of the above, we direct the Chief Executive Officer, Zilla Parishad, Ahmednagar, to go through Section 39 of the Maharashtra Village Panchayats Act, more specifically the proviso below sub-section (1) and ensure that the inquiry is conducted by him and the report is tendered to the Divisional Commissioner under his signature, on or before 05.06.2024. 3.

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

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