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Bombay High CourtWP/14563/2018disposed off

Sarika Mansing Jadhav And ORS v. State Of Maharashtra Thru Secretary, And Water Supply And Sanitation Dept. And ANR

2019-08-28Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice B.P. Dharmadhikari1 pages

Sr. No. 37 WP 14563 of 2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14563 OF 2018 Sarika Mansing Jadhav & Ors.

... Petitioners Vs State of Maharashtra & Ors.

... Respondents Mr. Amitkumar D. Sale, Advocate for the Petitioners. Mr. A.P. Vanarse, AGP for Respondent No. 1.

CORAM : B.P.DHARMADHIKARI & SANDEEP K. SHINDE, JJ DATE : AUGUST 28 th , 2019 P.C.:

1.

Submission is in the wake of Article 243(G) of the Constitution of India and Section 45 of Bombay Village Panchayat Act, 1958, the State Government cannot abolish Water Supply Management Committee and make over that power to some other legal authority. 2.

During argument, we find that as of now powers have not been made over to any other legal authority or agency. 3.

In this situation, as we do not find any legal right of the petitioners, who happen to be the Surpancha, being violated. Hence, we keep the contention of the petitioners open and with liberty to them to approach again, if any further steps are taken, we dispose of the present petition.

(SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.) Prachi Potdar 1/1