Shaikh Mobin Abdul Kareem And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:27819 915 WP.6618.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

915 WRIT PETITION NO. 6618 OF 2024 SHAIKH MOBIN ABDUL KAREEM AND ANOTHER

VERSUS

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

Advocate for the Petitioner : Mr. S. S. Thombre. AGP for Respondent/State : Mr. D. J. Patil.

Advocate for Respondent Nos.3 to 6, 8, 9 & 11 : Mr. H. V. Patil. Advocate for Respondent Nos.12 & 13 : Mr. R. K. Ingole. ...

CORAM :

KISHORE C. SANT, J.

DATE :

27th November, 2024.

P.C.:

.

The petition is mainly heard on technical grounds that while issuing notice the Collector, Parbhani has not mentioned the specific charges against the petitioners and secondly, the Collector has not considered sufficiency of the reasons for not holding the meeting as required under Sections 7 and 36 of the Maharashtra Village Panchayats Act.

In view of this, this Court finds that it will be in the interest of justice to remand the matter back to the Collector for fresh decision. Hence, the matter is remanded back to the Collector, Parbhani for fresh decision. The Collector shall specify the charge, which the petitioners have to answer. The Collector to also further consider as to whether the meetings were not held for sufficient reasons.

915 WP.6618.2024.odt With this, the impugned order is quashed and set aside only on the above grounds. The consequences to follow. The Collector to decide the dispute, in any case, before 20th December, 2024. The record and proceedings received from the office of Collector, Parbhani be sent back to the Collector, Parbhani, immediately. The parties to appear before the Collector, Parbhani on 2nd December, 2024.

With this, the writ petition stands disposed of. The parties to act upon the authenticated copy of this order. [ KISHORE C. SANT, J. ] nga