Anand Munjaji Dhembare v. The Div. Commissioner And Another

2025:BHC-AUG:28071-DB 24-WP-10613-25.odt {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 WRIT PETITION NO. 10613 OF 2025 Anand Munjaji Dhembare

VERSUS

The Divisional Commissioner And Another ......

Mr. Vaibhav B. Kulkarni, Advocate for Petitioner Mr. V.M. Kagne, AGP for Respondent No.1 Mr. Suhas B. Ghute, Advocate for Respondent No.2 ......

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 06 OCTOBER, 2025 PER COURT :- 1.

Present petition has been filed for following relief: "(B) By issue appropriate Writ of Mandamus or any other Writ or order or direction of like nature the Chief Executive Officer, Zilla Parishad Hingoli may kindly be directed to forward the report of enquiry under section 39 in the matter of complaint of petitioner regarding Grampanchayat Shrirad Shahapur to Res. no.1 in stipulated time of 1 week and Res. no.1 may kindly be directed to complete the hearing and pass decision on same in 1 month as envisaged in section 39 of the Maharashtra Village Panchayat Act, 1958"

2.

Learned Advocate Mr. Suhas Ghute appears suo motu and waives service of notice on behalf of Respondent No. 2. He places on record a communication stating that, in view of Section 39(1) of the Maharashtra Village Panchayats Act, the hearing has already taken place

24-WP-10613-25.odt {2} and the relevant papers have been forwarded to the Divisional Commissioner. The said communication is taken on record and marked as Exhibit 'X 3.

Learned AGP waives service of notice on behalf of Respondent No. 1 and places on record written instructions stating that Respondent No. 1 has received the papers forwarded by Respondent No. 2, and that notice has been issued to the petitioner for the hearing scheduled for tomorrow, i.e., 07.10.2025. A copy of the said notice is taken on record and marked as Exhibit 'Y'

4.

Learned AGP makes a statement on behalf of Respondent No. 1 that the matter will be decided within a period of one month. This statement is taken as an undertaking. Accordingly, we dispose of the writ petition with a direction to Respondent No. 1 to decide the said matter within a period of one month from today. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane