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Bombay High CourtWP/3528/2020allowed

Ramchandra S/O Kashiram Tekam v. State Of Maha. Thr. Secretary, Rural Development And Water Conservation Deptt., Mumbai And Others

2020-12-18Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Avinash G. Gharote3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3528/2020 Ramchandra S/o Kashiram Tekam Aged about 42 years, Occupation : Service as Assistant Teacher, R/o. Mahadeogad Madhyamik Shala, Arattondi, Tq. Kurkheda, District - Gadchiroli.

.... PETITIONER // VERSUS // 1) The State of Maharashtra through its Secretary, Rural Development and Water Conservation Department, Mantralaya, P.W.D.

Building, 25 Marzban Road, Fort, Mumbai - 400001.

2) The Divisional Commissioner, Nagpur Division, Nagpur.

3) The Collector, Gadchiroli, District - Gadchiroli.

4) The Chief Executive Officer, Zilla Parishad Gadchiroli.

5) The Block Development Officer, Panchayat Samiti Armori, District Gadchiroli.

6) The State of Election Commission, Maharashtra State, Mumbai, through its State Election Commissioner.

7) The Tahsildar / Returning Officer, Armori, Tah. Armori, District - Gadchiroli.

(2) 8) Gram Panchayat Narchuli, Tah. Armori, District - Gadchiroli, through its Secretary / Sarpanch.

.... RESPONDENTS ____________________________________________________________ Shri P. S. Wathore, counsel for the petitioner. Ms. Ketki Joshi, I/c. Government Pleader for respondent nos.1 to 3 and 7.

____________________________________________________________ CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 18/12/2020 ORAL JUDGMENT : (Per : SUNIL B. SHUKRE, J.) 1.

Heard Shri Wathore, learned counsel for the petitioner and Ms. Ketki Joshi, learned I/c Government Pleader who appears by waving notice on behalf of respondent nos.1 to 3 and 7. 2.

Rule. Rule made returnable forthwith.

3.

Heard finally by consent of the learned counsel appearing for the parties.

4.

It is not necessary to issue notice to the remaining respondents as no relief is claimed against them and the one claimed is against respondent no.1.

(3) 5.

Considering the limited nature of the prayer made in this petition, we are inclined to allow the petition and it is allowed accordingly. We direct respondent no.1 to take appropriate decision in accordance with law regarding declaration of the bifurcation of Grampanchayat, Narchuli for the purpose of formation of new Grampanchayat, Jambhali within a period of six weeks from the date of the order.

Rule accordingly. No costs.

(AVINASH G. GHAROTE, J) (SUNIL B. SHUKRE J.) Sarkate