Ramchandra Shamrao Shinde And ORS v. The State Of Maharashtra Thru The Prin. Secretary Of Urban Development Dept. And ORS

915-ASWP-10123-2023.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10123 OF 2023 Ramchandra Shamrao Shinde & Ors

...Petitioners

Versus

The State of Maharashtra through the Principal Secretary of Urban Development Department & Ors

...Respondents

Mr Abhijeet Kulkarni, i/b Ajinkya Sangitrao, for the Petitioner. Ms Molina Thakur, AGP, for State.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

23rd August 2023 PC:- 1.

The only prayer in the Petition is prayer clause (c) at page 11 which reads thus:

"c.

The Hon'ble Court may be pleased to issue a Writ of Mandamus and/or any other appropriate writ/order/directions kindly be issued in the nature of Mandamus, thereby, the Respondent No.1 be kindly be directed to issue final notification forthwith indicating conversion of Tembhurni Grampanchayat into a Tembhurni Nagar-Panchayat in pursuance of draft Notification dated 3rd June 2022 within stipulated period."

ARUN RAMCHANDRA SANKPAL ARUN RAMCHANDRA SANKPAL Date: 2023.08.24 09:10:01 +0530 23rd August 2023

915-ASWP-10123-2023.DOC 2.

We are quite unable to see how in exercise of our writ jurisdiction we could direct the State Government to take what is a purely executive administrative decision for better administration. There is of course no question of us directing that such a decision be taken in a particular manner, and perhaps realising this, the submission is that some decision should be ordered to be taken. Even that is not possible. It is entirely for a Government to decide whether or not it wishes to convert the Tembhurni Grampanchayat to a Nagar Panchayat or not, and if so, when, in what manner and on what terms.

3.

We do not see how any person has a right to demand as an enforceable let alone a constitutional right, that this be decided by the Government and that to in a time bound manner. 4.

The Petition is without substance. It is rejected. There will be no order as to costs.

(Kamal Khata, J) (G. S. Patel, J) 23rd August 2023