Ravindra Rajaram Pawar v. The State Of Maharashtra And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.1217 OF 2019 Shri. Ravindra Rajram Pawar, Age: 45 years, Occ: Agri., As Chief Promoter Proposed Raver Gramin Grampanchayat R/o. 26, Shrikrishna Nagar, Savada Road, Raver, Tal. Raver, Dist. Jalgaon.
..PETITIONER
VERSUS
1.
The State of Maharashtra, Through the Secretary, The Ministry of Urban Development, Mantralaya, Mumbai.
2.
The State of Maharashtra, The Secretary, The Ministry of Gramvikas, Mantralay, Mumbai.
3.
The Collector, Jalgaon, Collector Office Premises, Jalgaon Collector Office, Jalgaon, Dist. Jalgaon.
4.
The Tahasildar, Raver, Raver Tahsil Office Premises, Raver, Taluka Raver, Dist. Jalgaon.
5.
The Zilla Parishad, Jalgaon, Through Chief Officer, Zilla Parishad, Jalgaon, Tal. and Dist. Jalgaon.
6.
The Raver Municipal Council, Through the Chief Officer,
(2) The Raver Municipal Council, Raver, Tal. Raver, Dist. Jalgaon.
..RESPONDENTS Mr M.M. Bhokarikar, Advocate for petitioner;
Ms R.P. Gour, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.
DATE : 30th JANUARY, 2019 ORAL ORDER :
Heard learned Counsel appearing for the petitioner at length.
2.
The petitioner is an agriculturist and resident of an area namely Savada Road, Raver, Taluka Raver, District Jalgaon. A representation was submitted to the Block Development Officer, Panchayat Samiti, Raver on 1st August, 2017. It was submitted in the representation that all the requisite infrastructure is available for constitution of the separate Grampanchayat under the name of 'Raver Rural'. Certain documents are also placed on recored in respect of population,
(3) economic viability etc. It may not be necessary for us to refer to these documents.
3.
Suffice to say that on 17th March, 2017 Desk Officer of the State Government informed the petitioner that the powers are delegated to the Collector for declaration of a separate revenue village under the provisions of Maharashtra Land Revenue Code, 1966. The petitioner himself has placed on record the document received from office of the Collector to him some time in the month of March, 2018 in response to his communication, dated 6th March,2018. It was informed to the petitioner that non agriculture base employment in Raver is to the extent of 45% and as per earlier policy of the State Government, the entire Raver is proposed to be included in the extended revenue limits. The proposal submitted by the Chief Officer, Municipal Council, Raver dated 5th August, 2014 to the office of the Collector is forwarded by the Collector to the Urban Development Department of State Government.
(4) 4.
Learned Counsel appearing for the petitioner submitted that against this communication, the petitioner preferred representation to the Hon'ble Revenue Minister on 11th April, 2018 and same is pending. Learned Counsel, thus, prays for directions to decide the representation.
5.
In view of above referred facts, we are of the opinion that the petition is premature. The proposal for inclusion of Raver in the extended revenue limit forwarded to the State Government is pending decision of the State Government. As there is no decision till date, we see no reason to assume that the said proposal of inclusion of Raver in the extended revenue division is rejected. The State Government is yet to take decision on the said proposal. If the State Government accepts the proposal of the Chief Officer, Municipal Council, Raver dated 5th August, 2014, then the petitioner can certainly raise his objection to the
(5) authorities of the State Government.
6.
Keeping this liberty open to the petitioner, we dispose of the petition for the above stated reasons.
( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe