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Bombay High CourtWP/4879/2022disposed off

Anil S/O Pralhad Raut v. State Of Maha., Thr. Secretary, Dept. Of Urban Development, Mumbai And ORS.

2022-08-17Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke1 pages

39-WP-4879-22 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.4879 OF 2022 Anil S/o Pralhad Raut, Tah. Chimur, Dist. Chandrapur -vsState of Maharashtra, Thr. Secretary, Dept. of Urban Development, Mantralaya, Mumbai and ors.

-------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Bhushan Dafle, Advocate for petitioner.

Smt K. S. Joshi, I/c Government Pleader for respondent No.1. CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ. DATE : August 17, 2022 The petitioner is aggrieved by the resolution dated 14/07/2022 passed by Village Panchayat, Nandara (Tukum), Tahsil Chimur, District Chandrapur by which it has been resolved to appoint the respondent No.4 on the post of Peon. According to the petitioner he stands at Sr.No.1 in the select list having secured the highest marks and despite this fact the respondent No.4 who stands at Serial No.2 in the select list is sought to be appointed.

It is seen that in view of provisions of section 154 of the Maharashtra Village Panchayats Act, 1959 read with Section 267-A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 the remedy against the resolution passed by the Gram Panchayat is available before the Divisional Commissioner. Thus keeping the points raised in the writ petition open and with liberty to the petitioner to avail appropriate alternate remedy, the writ petition is not entertained. It is disposed of as such. No costs. (Urmila Joshi-Phalke, J.) (A. S. Chandurkar, J.)