Indalsing Bhavsing Jadhav And Another v. The State Of Maharashtra Through Department Of Urban Development And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 22 WRIT PETITION NO.8180 OF 2023 1.

Indalsing Bhavsing Jadhav, Age; 69 years, Occ; Agri, R/o; Nalbandi, Wadgaon Tq. Bhadbaon, Dist. Jalgaon.

2.

Bhagwan Gangaram Nikumbh, Age; 55 years, Occ; Agri, R/o; Nalbandi, Wadgaon, Tq. Badhbaon, District Jalgaon.

Versus

1.

The state of Maharashtra through Department of Urban Development, Mantralaya, Mumbai.

2.

Principal Secrtary, Department of Urban Development, Mantralaya, Mumbai.

3.

The District Collector, Jalgaon, District; Jalgaon.

4.

The Tahsildar, Bhadgaon, Tq. Bghadgaon, District; Jalgaon.

5.

The Block Development Officer, Panchyat Samiti, Bhadgaon, Tq. Bhadgaon, District; Jalgaon.

6.

The Gramsevak, Grampanchyat, Wadgaon, Nalbandi, Tq. Bhadgaon, District; Jalgaon.

7.

Morsing Dalu Rathod, Age; 57 years, Occ; Agri, R/o; Wadgaon Nalbandi, Tq. Bhadgaon, Dist; Jalgaon.

...

Advocate for Petitioners : Mr. S.S.Khoche h/f Mr.Palodkar Devdatt P. AGP for Respondents/State : Mr.K.B.Jadhavar Advocate for Respondent No. 7 : Mr.Paresh B.Patil ...

CORAM : KISHORE C. SANT, J.

DATE : 17.07.2023.

PER COURT :

1.

This case is covered by an ordinance dated 10.07.2023, wherein, the Government has extended time to submit the Caste Validity Certificate by one year, in the cases where the members are elected to the Grampanchyat for the seats reserved from the reserved category.

2.

The case of the petitioners is that the petitioner No. 1 is working as a Up Sarpanch and petitioner No. 2 is working as Member of village Wadgaon Nalbandi, Tq. Bhadgaon, District Jalgaon elected from the reserved category, however, they could not submit the Caste Validity Certificate, within the stipulated period and therefore, were declared disqualified. 3.

Mr. Patil, the learned Advocate for respondent No. 7 has vehemently submitted that the order has already taken effect and therefore, prayed for dismissal of the Writ Petition.

4.

In view of the same, the impugned order dated 25.06.2023, passed by the learned Collector, Jalgaon is set aside.

5.

The Writ Petition stands disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/