M/S. Sai Wardha Power Ltd. Chandrapur Thr. Its Auth. Sig. Shri. Chaitanya Sudhir Deshpande v. State Of Maharashtra, Thr. Dept. Of Industrial Energy And Labour Thr. Its Secretary And 3 Others

Order 0606wp2688.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 2688/2015.

M/s. Sai Wardha Power Limited, Chandrapur.

-VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & KUM. I.K. JAIN, JJ.

DATE : JUNE 06, 2016.

Heard Shri N.A. Padhye, learned Counsel for the petitioner, Ms. P. Rane, learned A.G.P. for respondent no.1, Shri S.V. Sirpurkar, learned Counsel for respondent nos. 2 and 3 and Shri M.M. Sudame, learned Counsel for respondent no.4.

2.

Petitioner claims an agreement with respondent no.2 under Section 125 of the Maharashtra Village Panchayat Act, 1958 for the period from 01.04.2012 till 31.03.2015.

3.

The agreement needs to be considered by the State Government under Section 125[1] of the aforesaid Act, however, the application dated

Order 0606wp2688.15 09.03.2015, moved by the petitioner for said purpose has been returned back by the State Government on 24.06.2015 pointing out that the said power is to be exercised by the Divisional Commissioner i.e. respondent no.5.

4.

In this situation, we find that interest of justice can be met with by directing the petitioner to forward the said agreement with necessary application to the office of respondent no.5 within a period of four weeks from today. If such an application and agreement is received by respondent no.5, respondent no.5 shall proceed to hear the petitioner as well as respondent no.2 and take a suitable decision on the controversy, within next four weeks.

5.

With these directions and keeping all rival contentions open, we dispose of this petition. No costs. JUDGE JUDGE Rgd.