Jagannath Biharilal Suryawanshi v. The State Of Maharashtra Through The Secretary And Others

74-WP-13501-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13501 OF 2023 JAGANNATH BIHARILAL SURYAWANSHI

VERSUS

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

Mr. S. D. Joshi, Advocate for Petitioner Mr. S. G. Karlekar, AGP for Respondent No.1 Mr. P. S. Patil, Advocate for Respondent Nos. 2 and 3 ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:31.10.2023.

PER COURT :- 1.

Issue notice to the Respondents. The learned AGP waives service of notice on behalf of Respondent No.1. Shri Patil, the learned Advocate waives service of notice on behalf of Respondent Nos. 2 and 3.

2.

We find from the communication by the Block Development Officer dated 28.02.2022 addressed to the Deputy Chief Executive Officer, Zilla Parishad, that the Petitioner' s claim was to be considered for the ACPS benefits. The Petitioner has

(( 2 )) 74-WP-13501-2023 also preferred a representation dated 14.08.2022 to the Block Development Officer.

3.

In view of the above, we direct the Deputy Chief Executive Officer, Zilla Parishad, Nandurbar, to consider the claim of the Petitioner in the light of his representation dated 14.08.2022 and the earlier representation addressed to the Block Development Officer, due to which he issued a letter to the Deputy Chief Executive Officer dated 28.02.2022, to scrutinize the case of the Petitioner and if it is confirmed that he is entitled for any benefit, the same shall be made available to him by following the due procedure laid down in law.

4.

Let this exercise be completed within ninety [90] days from today.

5.

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

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS