Sheshrao Dadarao Patil And Others 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.11571 OF 2016 Sheshrao Dadarao Patil & others Petitioners

Versus

The State of Maharashtra & others Respondents Mr.T.G.Gaikwad, advocate for petitioners.

Mr.V.S.Badakh, A.G.P. for respondents no.1, 2, 4, 8 and 9. Mr.A.D.Aghav, advocate for Respondents No.5 to 7. Respondent No.10 is served.

CORAM : R.M.BORDE & A.M.DHAVALE, JJ.

DATE : 13th June, 2018 PER COURT:

Petitioners are praying for issuance of directions to respondent-authorities to initiate immediate action against the wrong doers for committing misappropriation in carrying out development work in village Dhanora (Bk), Tq.Ambajogai, District Beed, within prescribed time frame.

An affidavit-in-reply has been presented on behalf of respondents no.3 and 4. In paragraphs no.6 to 8, it is recorded thus: That, as per the report dated 1/3/2016 filed by the vigilance officer, a 3 members committee has been formed by Respondent No.4 as per G.R. No.EGS/2011/Pra Kra 16/EGS.2 dt 17/11/2011. As per the above referred G.R., joint measurement of the disputed work of road is mandatory. Therefore the committee is formed and directed to

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I say and submit that, from all above facts and circumstances it will be clear that timely action has been taken by the office of Respondent No.4 on the representations received from petitioners. The Dy. Collector (EGS) himself visited on the spot and carried out panchanamas in presence of petitioners. It is submitted here that proceeding for taking action against the persons who have committed fraud in the work of construction of road has been already initiated. Therefore the present petition deserves to be disposed of.

In view of the action initiated by the respondents and assurance recorded in the affidavit-in-reply, grievance raised by the petitioners is substantially redressed. The respondents are directed to take appropriate action on the basis of findings recorded by the Committee, within a period of six months from today. Writ Petition is accordingly disposed of.

A.M. DHAVALE R.M.BORDE JUDGE JUDGE adb