Mukhatar Ali Yusuf Ali v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 142 OF 2018 Mukhatar Ali s/o Yusuf Ali Age: 58 years, Occ: Business (Social Worker) R/o. Kasoda, Tal. Erondol, Dist. Jalgaon.

..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Collector, Jalgaon.

2.

Ministry of Minority Affair, Government of India, Through its Secretary.

3.

Education Officer (Secondary) Zillha Parishad Jalgaon.

4.

Assistant Charity Commissioner, Jalgaon.

5.

Block Development Officer, Panchayat Samiti, Erandol, Dist. Jalgaon.

6.

Block Education Officer, Panchayat Samiti, Erandol, Dist. Jalgaon.

7.

The Chairman & its School committee of the Anjuman Taraqqui-E-Talim Kasoda, Tal. Erandol, Dist. Jalgaon.

8.

Head Master, Haji M.N. Saiyad Urdu High School, Kasoda, Tal. Erandol, Dist. Jalgaon.

(2) 9.

Sarpanch & Village Development Officer of Kasoda Village Panchayat, Tal. Erandol, Dist. Jalgaon.

..RESPONDENTS Mr Paresh B. Patil, Advocate for petitioner;

Mr S.S. Dande, A.G.P. for respondent/State;

CORAM : PRASANNA B. VARALE AND MANGESH S. PATIL,JJ.

DATE : 19th NOVEMBER, 2018 ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

The petitioner is before this Court submitting that he is espousing the public cause by way of present public interest litigation. The petitioner claims himself to be a social worker as well as businessman.

3.

Perusal of the documents placed on record clearly show that the grievance of the petitioner is of belated construction of school building. The material placed on record further show that the

(3) petitioner had approached the various authorities, such as Education Officer (Secondary) Zilla Parishad, Jalgaon and Assistant Charity Commissioner by submitting the representations dated 19th July, 2012 and 7th November, 2017 respectively.

4.

Perusal of the material placed on record further show that on receiving representations, the Education Officer (Secondary), Zilla Parishad, Jalgaon immediately took note of it and directed the subordinate officers to submit report by conducting inquiry. The inquiry report was also submitted to the Education Officer (Secondary), Zilla Parishad, Jalgaon. It seems that the Education Officer (Secondary), Zilla Parishad, Jalgaon issued further directions on receipt of the report of the Block Education Officer, Panchayat Samiti, Erandol dated 30th August, 2012. The material placed on record further show that the petitioner submitted reminder to the Education Officer (Secondary), Zilla Parishad, Jalgaon on 24th August, 2015 and 14th September, 2015.

(4) 5.

Considering this material, we are not entertaining the present public interest litigation. In our opinion, only direction to the Education Officer (Secondary), Zilla Parishad, Latur to pass appropriate orders on the representation of the petitioner as well as in view of his reminders as expeditiously as possible, needless to state on merits, would serve the purpose of the petitioner approaching this Court. 6.

We further make it clear that if the Grampanchayat is taking certain steps in view of the provisions of law, Grampanchayat is at liberty to proceed further to take the matter to its logical end.

7.

With this direction, the petition is disposed of.

( MANGESH S. PATIL ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe