Santosh Dilip Kshirsagar And Another v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:1884-DB 910wp727-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO. 727 OF 2024 SANTOSH DILIP KSHIRSAGAR AND ANOTHER ....Petitioner

VERSUS

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

Mr. Thorat Nanabhau R, Advocate for the Petitioner Mr. S. D. Ghayal, AGP for the Respondents-State Mr. Suryawanshi Prashant D. Advocate for Respondent Nos. . 4 And 5,

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 23rd January, 2024 ORDER:

1.

The Petitioners have put forth prayer clauses (B), (C), (D) and (E) as under:

"(B) By issuing writ of mandamus or any other appropriate writ of direction in like nature Respondent No.4 to 6 may kindly be directed to decided application dated 26.04.2022.& 05.05.2022. And 09.06.2022 And 06.05.2022. &. 08. 07.2022 and 02.06.2022 & 08.06.2022 pending before respondent No.4 to 6 and further seeking direction to direct Respondents authority to conduct the inquiry and registered the crime against guilty person.

(C) Kindly be direct Respondents authority not disburse the amount without completing inquiry and further direct after completing inquiry registered the crime guilty person/officer.

910wp727-24 D) Kindly be declared and hold that, if Respondents authority allowed to work with the help of JCB then labourer entitle to get payment without work.

E) Pending hearing and final disposal of this writ petition of execution of any work completed by Grampanchayt Bobadewadi may kindly stayed on suspended and direct not to disburse any amount for that work."

2.

Considering the questionable locus standi of the Petitioners and allegations set out in the pleadings, we do not find that the High Court should direct a roving inquiry.

3.

The learned Advocate for the Zilla Parishad submits that they have commenced an inquiry in accordance with the procedure applicable and they would proceed with the same as is permissible in law.

4.

In view of the above, this Petition is disposed off. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan