Baban Namdeorao Chopade And Another v. State Of Maha., Rural Devp. And Water Conservation Dept., Through Deputy Secretary, Mumbai And Othe

14.10.wp.5728.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5728 /2015 (Baban Namdeorao Chopade and another vs. State of Maharashtra and others ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. A.R.Deshpande, Advocate for the petitioners Mr. D.B Patel, Asst.Govt.Pleader for respondent nos.1 to 3 CORAM : SMT. VASANTI A. NAIK & A.I.S. CHEEMA, JJ.

DATED : 14th October, 2015.

Heard.

The petitioners were the elected members of the Panchayat Samiti, which is now merged in Municipal Council, Malegaon. It is stated that after the notification was issued under section 341 of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Townships Act, the Administrator is appointed and the petitioners have ceased to be the members of the Panchayat Samiti. It is stated on behalf of the petitioners that the petitioners are not desirous of pressing the relief sought by prayer clause (A) and the grievance of the petitioners would stand redressed if the Administrator appointed by the Government is directed to utilise the grants of Rs.143.14 lakhs allotted for Malegaon, under the Mahatma Gandhi Maharashtra Gramin Rozgar Hami Yojana.

14.10.wp.5728.15 Shri D.B.Patel, the learned Assistant Government Pleader appearing on behalf of the respondents states that the Municipal Council office is under construction and the TahsildarAdministrator would take appropriate action in respect of the grants of Rs.143.14 lakhs, in accordance with law. It is stated that if it is permissible for the Administrator-Tahsildar to utilize the said grants, the said grants would be utilized; but if it is not permissible, the Tahsildar would take appropriate steps.

By accepting the statements made by the learned Assistant Government Pleader, we dispose of the Writ Petition, with no order as to costs. JUDGE JUDGE sahare