Anant Jijabhau Maske v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11574 OF 2017 Anant s/o Jijabhau Maske Petitioner

Versus

The State of Maharashtra & others Respondents Mr.J.A.Bagal, advocate for the petitioner.

Mr.S.D.Ghayal, A.G.P. for Respondents No.1, 3, 4 & 6. Mr.S.S.Wagh, advocate holding for Mr.S.T.Shelke, advocate for Respondent No.2.

Mr.V.V.Pawar, advocate holding for Mr.S.S.Tope, advocate for Respondent No.5.

CORAM : Z.A.HAQ AND S.M.GAVHANE, J J.

DATE : 24th February, 2020.

P.C. :

Heard.

The petitioner has approached this Court with the following prayer:

(b) By issuing writ of certiorari or any other writ, order or directions in the like nature, the election programe for the Grampanchayat, Padli (Pardhi), Tal. Partur, District Jalna, may kindly be quashed and set aside and for that purpose issue necessary orders.

The petition was fled in September-2017 and by order dated 20.09.2017, this Court directed issuance of notice to the

{2} wp1157417.odt Respondents, however, had not granted any interim order. It is undisputed that the elections of the Gram Panchayat Padli (Pardhi) are held. In view of this, the grievance of the petitioner, as made in this petition, does not survive.

The learned Advocate for the petitioner submitted that the Respondent No.1-State and the concerned authorities have not taken any steps to provide amenities as per Section 10(3) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. There is no such prayer in the petition, relating to the non providing of the amenities. Leaving this issue open for consideration in appropriate proceedings, if initiated, petition is disposed of. In the circumstances, parties to bear their own costs. The other points, raised in the petition and not dealt with by this order, are kept open for consideration in appropriate proceedings.

S.M.GAVHANE Z.A.HAQ JUDGE JUDGE adb