Nanasaheb Govardhan Thite v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 75 OF 2019 Nanasaheb s/o Govardhan Thite ..PETITIONER

VERSUS

The State of Maharashtra & ors.

..RESPONDENTS Mr N. L. Jadhav, Advocate for petitioner;

Mr S. D. Ghayal, A.G.P. for respondents/State CORAM : PRASANNA B. VARALE AND R. G. AVACHAT, JJ.

DATE : 31st July, 2019 ORAL ORDER:

The present public interest litigation was circulated before this Court on 24th July, 2019. Learned Counsel for the petitioner sought some time. The grievance in the present public interest litigation is about certain mischiefs and misdeeds in the works undertaken by the local authorities for the public road Nandivali-Malewadi-Gazipur. 2.

It was submitted before this Court that though the representations were submitted to the authorities, the authorities have failed to take appropriate action and as such, the petitioner is left with no choice but to approach this Court.

(2) 3.

Mr Jadhav, learned Counsel appearing on behalf of the petitioner fairly submits that on a fresh scrutiny of the scheme, namely, Mahatma Gandhi National Rural Employment Guarantee Scheme, he could find out a complete mechanism for addressing the complaints to the Grievance Redressal authorities. By inviting our attention to the Rules, namely, Mahatma Gandhi National Rural Employment Guarantee Scheme and Maharashtra Grievance Redressal Rules, 2014, Mr Jadhav, learned Counsel for the petitioner submitted that Rule 2 deals with the definition and Rule 2 (vii) specifies the Chief Executive Officer of the Zilla Parishad as a Joint District Programme Coordinator. Rule 2 (vii) reads thus : "(vii) "Joint-District Programme Co-ordinator" means a Chief Executive Officer of the Zilla Parishad designated as a Joint-District Programme Co-ordinator for implementation of the scheme in a District".

Rule 2 (viii) refers to the Joint Programme Officer and the Block Development Officer is designated as Joint-Programme Officer at the block level.

Section 3 refers to the Grievance Redressal Authorities and Grievance Redressal Appellate authorities. Section 3(iii) reads thus:

(3) "(iii) Joint-District Programme Co-ordinator and District Programme Co-ordinator at the District level." Rule 7 provides the complete mechanism for addressing the complaint and redressal thereof. Rule 11 also provides an opportunity of an appeal.

4.

Thus, in view of the aforesaid particular provisions, we see no impediment for the petitioner to approach these authorities and apprise them about his complaints.

5.

Mr Jadhav, learned Counsel for the petitioner fairly submits that he will file a fresh application to the Joint District Programme Co-ordinator i.e. the Chief Executive Officer, Zilla Parishad, Beed, within a period of two weeks from today.

6.

If such application/representation/complaint is received by the Joint District Programme Co-ordinator i.e. Chief Executive Officer, Zilla Parishad, Beed, he may take appropriate steps in view of Maharashtra Gandhi National Rural Employment Guarantee Scheme and Maharashtra Grievance Redressal Rules, 2014, as expeditiously as possible and not later than twelve weeks from receipt of copy of the order of this Court.

(4) With the aforesaid directions, the public interest litigation is disposed of.

(R. G. AVACHAT, J.) (PRASANNA B. VARALE, J.) sjk