Maharashtra Rajya Padvidhar Prathmik Shikshak Mahasangh Through Its District President R U Avhad v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.13463 OF 2017 Maharashtra Rajya Padvidhar Prathmik Shikshak Mahasangh, District Branch at Nandurbar, through its District President Rakesh Umakant Avhad.

... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.S.S.Thombre, advocate for the petitioner.

Mrs.M.A.Deshpande, Additional Government Pleader for the State.

Mrs.Vaishali S.Choudhari, advocate for Respondent Nos.4 and 5.

...

CORAM : S.V.GANGAPURWALA AND A.M. DHAVALE,JJ.

Date : 03.05.2018.

PER COURT :

1.

Heard learned counsel for the petitioner, learned counsel for Respondents and learned Additional Government Pleader for the State.

2.

The dispute is about the difficult area in the Nandurbar District. The list was prepared notifying particular areas as difficult areas. Thereafter, the said list has undergone change. The petitioner relies on the Resolution passed by the Zilla Parishad dated 19.7.2017, with regard to the list of difficult area.

3.

All the parties are unanimous that it is the Chief Executive Officer who is competent authority to take decision about the particular area to be a difficult area or otherwise.

4.

In view of that, we pass the following order :

a) The Chief Executive Officer (Respondent No.4) shall take decision about the difficult area in District Nandurbar by 7.5.2018.

Depending upon the decision taken by Respondent No.4, further steps be taken.

b) In case after the decision is taken by the Chief Executive Officer, some changes are

required to be made with regard to difficult area then the Respondent No.4 may approach the concerned Department for the purpose of opening of link and the concerned Department shall consider the request of Respondent No.4 and act accordingly immediately.

c) With this observation, the Writ Petition stands disposed of. No costs.

d) Authenticated copy be given.

(A.M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp13463.17