Rahul Namdeo Rathod v. The State Of Maharashtra And Others

1 wp 11476.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11476 OF 2015 Rahul Namdeo Rathod .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri R. D. Biradar, Advocate for the Petitioner. Shri V. H. Dighe, A.G.P. for Respondent Nos. 1 to 3. Shri P. R. Tandale, Advocate for Respondent Nos. 4 to 6. Shri P. M. Shah, Senior Advocate i/by Shri P. V. Barde, Advocate for the Respondent No. 8.

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

DATE : 02ND FEBRUARY, 2016.

PER COURT :

.

Mr. Biradar, the learned counsel for the petitioner submits that, the respondent authorities be directed to make division of the Gram Panchayat as per resolution dated 26.01.2015 passed by the Gram Panchayat, Nagalgaon, Tq. Udgir, Dist. Latur. 2.

The directions sought for, certainly cannot be a subject matter of petition. On 04.11.2015 the Block Development Officer has rejected the representation of the petitioner, however, had observed that, the proposal can be moved through the Gram Panchayat. It is submitted that, resolution is already passed by

2 wp 11476.15 the Gram Panchayat.

3.

Mr. Shah, the learned senior counsel for the respondent No. 8 submits that, subsequent to the resolution dated 26.01.2015 (page 20) subsequent resolution is passed on 30.08.2015 superseding the earlier resolution (Page 34) and the same is recommended by the Block Development Officer. 4.

The parties will have to move the authorities for their grievance. It is for the Gram Panchayat to move the authorities by submitting the proposal. In case such proposal is received by the authorities, the authorities would consider the same on its own merits expeditiously. The writ petition is disposed of. No costs.

[ A. M. BADAR, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Feb. 16