Rangnath Macchindra Phatangare v. The State Of Maharashtra Through Its Secretary And Others

7567.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7567 OF 2022 RANGNATH MACCHINDRA PHATANGARE

VERSUS

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

Mr A. G. Ambetkar, Advocate for petitioner;

Mr P. K. Lakhotiya, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 3rd August, 2022 PER COURT:

1.

The petitioner claims to be an agriculturist, residing in Warudi Pathar, Tq. Sangamner, Dist. Ahmednagar. Issue is, as regards the percolation tank being allegedly misused by unauthorizedly lifting of water and theft of water from the tank as well as wells at Dorwadi (Warudi Pathar). We are informed that the Grampanchayat Warudi Pathar has already approached the District Collector, Ahmednagar, vide the representation dated 22/04/2022.

2.

Merely because the petitioner is one of the villagers from the said village, we would not indulge in a roving enquiry, as to

7567.22wp (2) who are the unauthorized persons who lift the water or who are persons who steal water and who are those persons, who indulge in fishing activities. No such details are set out in the present petition. When the Grampanchayat is pursuing the District Collector, we find no reason to entertain this petition at the behest of one villager, when the Grampanchayat itself is making efforts to protect it's property, as the percolation tank is the property of the Grampanchayat.

3.

As such, this petition is dismissed.

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