Vasantrao Kadu Dande v. The State Of Maharashtra And Others
{1} wp 11744.15.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.11744 OF 2015 Vasantrao Kadu Dande Petitioner
Versus
The State of Maharashtra and others Respondents Mr.S.S. Thombre advocate for the petitioner Mr.C.V. Dharurkar, AGP for Respondents _______________ CORAM : R.M. BORDE & A. I. S. CHEEMA, JJ.
Dated : 8th DECEMBER, 2015.
PER COURT :- It is revealed that the petitioner, in the instant petition, had in fact tendered a petition bearing Writ Petition No.9114 of 2015 for the same relief which has been claimed in the instant petition. The petitioner in the instant petition sworn an affidavit in support of his contention in Writ Petition No.9114 of 2015. Direction was sought against respondent No.3 Zilha Parishad in Writ Petition No.9114 of 2015 to initiate election process for grampanchayat village Agar Kandgaon and Mamdapur, tq. Gangapur, district: Aurangabad. However, in the instant petition, a writ of certiorari is asked for, seeking quashment of the Notification dated 1.8.2015 issued by the Chief Executive Officer, Zilha Parishad on 3.9.2015
{2} wp 11744.15.odt and order passed by the Block Development Officer, Panchayat Samiti, Gangapur on 21.9.2015, thereby restoring the status of the Grampanchayat Agar Kandgaon- Mamdapur, Tq. Gangapur, District: Aurangabad.
Considering the tenor of the writ petition No.9114 of 2015 and the act of acceptance of bifurcation of village by the petitioner, making a totally contradictory prayer in the instant petition is an after-thought exercise. The petitioner has suppressed the fact of presentation of the Writ Petition No.9114 of 2015. It does appear that, object in presenting the petition is not bona fide and there is an attempt to secure orders, by misleading the Court. In this view of the matter, we dismiss the instant petition with costs of Rs.10,000/-. The amount of costs shall be deposited within four weeks from today.
( A. I. S. CHEEMA, J. ) ( R. M. BORDE, J. ) vbd