Bombay High CourtWP/5941/2015rejected at admission stage

Gram Panchayat Dattora, Panchayat Samiti, Z. P. Gondia Through Sarpanch, Roshanlal M. Patode v. The State Of Maharashtra Through Its Secretary, Rural Development Deptt., Mumbai And 3 Others

2016-07-25Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.2494 OF 2015 Gram Panchayat, Bhosa, District Gondia, through its Sarpanch Smt. Jaywanta W/o Dhaniram Matale ..vs..

The State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai and ors WITH WRIT PETITION NO.5746 OF 2015 Gram Panchayat, Maregaon, District Gondia, thr its Sarpanch Gulab S/o Mayaram Thakare ..vs..

The State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai and ors WITH WRIT PETITION NO.5747 OF 2015 Gram Panchayat, Berdipar, District Gondia, thr its Sarpanch Smt. Saritabai w/o Babulal Rane ..vs..

The State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai and ors WITH WRIT PETITION NO.5885 OF 2015 Gram Panchayat, Aasoli, District Gondia, through its Sarpanch and ors ..vs..

The State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai and ors WITH WRIT PETITION NO.5941 OF 2015 Gram Panchayat Dattora, Panchayat Samiti Gondia, through its Sarpanch ..vs..

The State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Ishwarchandra Choudhari, counsel for the petitioner. Shri A.Y. Kapgate, counsel for R-2 to 4.

W.P.No.5941/2015 Shri S.G. Karmarkar, cuonsel for the petitioner. Shri A.Y. Kapgate, counsel for R-2 to 4.

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CORAM

: B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ.

DATED : JULY 25, 2016.

Heard.

The Zilla Parishad has relied upon the provisions of the Maharashtra Zilla Parishads and Panchayat Samitis (Execution and Maintenance of works and development scheme through the agency of Panchayat Samiti and Village Panchayat) Rules, 1964. As per Rule 3(3)(iii), if the expenditure on such development of work or construction exceeds Rs.20,000/-, the work cannot be executed by the petitioner/Panchayat.

In all these matters, cost of work exceeds Rs.20,000/-.

There is no challenge to this provision anywhere.

In this situation, the demand of the petitioner to direct the respondents/State or the respondents/Zilla Parishad to allot work orders to them cannot be entertained.

Since the writ petitions are devoid of merits, the same are rejected. No costs.

JUDGE JUDGE !! BRW !!

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