Bombay High CourtWP/4087/2015dispossed offdismiss for default

Shri Pravin S/O Vithobaji Chavhan v. State Of Maharashtra Through Its Secretary, Rural Development Deptt., Mumbai And Others

2015-09-10Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

1009wp4087.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4087/2015 Shri Pravin s/o Vithobaji Chavhan ...Versus...

State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai - 32 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 G.G. Bade, Advocate for petitioner Shri N.R. Rode, AGP for respondent nos.1 to 3 Shri Shaikh Majid, Advocate for respondent nos.4 and 5 CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 10.09.2015 By this petition, the petitioner seeks a direction to the respondent nos.1 to 5 to initiate enquiry and take suitable action against the respondent nos.6 to 8 for misappropriating the funds of the Gram Panchayat.

The direction sought by the petitioner cannot be granted. Under Section 178 of the Maharashtra Village Panchayats Act, a Member of the Panchayat could be held personally liable for the loss, waste or misapplication of money or the property of the Panchayat, if the same is caused due to his misconduct. The Collector is entitled to fasten the liability on the erring Members of the Panchayat. The order of the Collector could be further challenged before the District Court. In the instant case, it appears that certain complaints are made by the petitioner against the respondent nos.6 to 8 to the Collector.

1009wp4087.15.odt We permit the petitioner to make a fresh representation - complaint to the Collector and dispose of the writ petition with a direction to the Collector to consider the complaint/representation under Section 178 of the Act and take appropriate action, if there is truth in the complaint/representation.

Order accordingly. No costs.

Steno copy of this order is granted.

JUDGE JUDGE Wadkar