Suresh Madhavrao Katekhaye And Another v. Divisional Commissioner, Nagpur Region, Nagpur And 2 Others

1 wp2458.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2458 OF 2015 (Suresh Madavrao Katekhaye and another ..vs.. Divisional Commissioner, Nagpur Region, Nagpur and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. Borkar, Advocate for the petitioners, Mrs. Bharti Dangre, G.P. for respondent Nos.1 and 2. CORAM : B.P. DHARMADHIKARI & S.B. SHUKRE, JJ.

DATE : 28-04-2015.

Heard learned Advocate Shri S. Borkar for the petitioners and learned Government Pleader Mrs. Bharti Dangre for respondent Nos.1 and 2.

2.

The submission is upon constitution of new Nagar Panchayats Electoral Division and electoral colleges were to be reconstituted and in the present matter in so far Pauni block is concerned, change has been made in area of Chinchal Division while elsewhere there is no such change.

3.

To point out change, our attention has been invited to a map which shows position prior to 2015 and a map which depicts proposed exercise. Old map shows Chinchal and Akot placed together in electoral

2 wp2458.15 division. Adyal and Pimpalgaon are shown as separate divisions. Village by name Kondha formed part of Pimpalgaon Division.

4.

In the proposed exercise, Chinchal and Akot are shown as independent divisions. We find that village Kondha and Bhawad are added to Akot Division by deleting it from Pimpalgaon Division.

5.

Similarly, village Adyal appears to have been added to Chinchal Division. Earlier area of Adyal Division has been made part of Pimpalgaon Division. 6.

Thus, there is some inter change in area and boundaries. The petitioners are not in a position to point out any arbitrariness or mala fide in the exercise. 7.

In this situation, considering the facts that boundaries are to be finalised and gazette notification is stated to be published on 29-4-2015, we are not inclined to interfere in the writ petition. Keeping rival contentions open, we dispose of the writ petition. No costs.

JUDGE JUDGE pma