Gram Panchayat, Ansing, Through Sarpanch Sindhu Vitthal Satav v. State Of Maharashtra, Thr. Secretary, Ministry Of Rural Development Dept. Mumbai And Others
17.WP7451.19.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.7451/2019 Gram Panchayat, Ansing, through Sarpanch-Sindhu Vitthal Satav Vs.
State of Maharashtra, through its Secretary, Ministry of Rural Development Department, Mantralaya, Mumbai and ors.
------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri D.R.Khapre, Advocate for petitioner.
Ms. N.P. Mehta, Assistant Government Pleader for respondent no.1. Shri M.L.Vairagade, Advocate for respondent nos. 2 and 5. Shri S.D.Chande, Advocate for respondent nos.6 to 11. CORAM :- A.S.CHANDURKAR AND SMT. M.S.JAWALKAR, JJ.
DATE :- FEBRUARY 28, 2022.
The challenge raised in this writ petition is to the communication dated 29.08.2019 issued by the Block Development Officer, Panchayat Samiti, Washim by which the Sarpanch/Secretary of Gram Panchayat, Ansing was informed that a complaint dated 29.08.2019 had been received from certain members of the Gram Panchayat in the matter of allotment of tender by the Gram Panchayat. The Block Development Officer accordingly directed the Gram Panchayat that until such enquiry was completed the further tender process may not be implemented. Shri D.R.Khapre, learned counsel for the petitioner submits that pursuant to the aforesaid communication the Block Development Officer is presently seized of the matter. The Gram Panchayat was willing to satisfy the Block Development Officer that the tender process conducted by it was fair and proper and there was no illegality therein. On the other hand it is submitted by Shri S.D.Chande, learned counsel for the respondent nos. 6 to 11 that the Block Development Officer
17.WP7451.19.odt 2 could consider the grievances as made by giving opportunity to all concerned parties.
We find that at this stage, the Block Development Officer has merely proceeded to enquire into the grievances as made by the respondent nos. 6 to 11.
The writ petition is disposed of by permitting the petitioner as well as the respondent nos. 6 to 11 to participate in the enquiry that is being conducted by the Block Development Officer by relying upon the material available with them in support of their stands. In case any adverse order is passed against either of the party, that party would be free to avail appropriate legal remedy. Since the initial complaint was made with the Chief Executive Officer, he shall ensure that the Block Development Officer shall complete the enquiry proceedings within a period of three months from today.
With these directions and by keeping all points raised open, the writ petition stands disposed of. No costs.
(SMT. M.S.JAWALKAR, J.) (A.S.CHANDURKAR, J.) Andurkar..
ANDURKAR Personal Assistant 01.03.2022 10:52