Chandrakant Pandurang Kale And ANR v. State Of Maharashtra Through Its Chief Secretary, Urban Dev. Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2270 OF 2025 Chandrakant Pandurang Kale & Anr.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents ------ Mr. Karan Bhosale (Through V.C.) a/w. Mr. Datta Mane, Ms. Rupali Phule & Mr. Maruti Sarkar for the Petitioners.

Mr. S.B. Kalel, A.G.P. for the Respondent-State. Mr. Rahul V. Shinde for Respondent No.4.

------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : 1st October 2025.

P. C. :

1.

Heard learned counsel for the Petitioner.

2.

Though during the process of Ward Formation for the General Election of 2025, Maptemala area of which the Petitioner seeks exclusion from Atpadi Nagar Panchayat is included in ward Nos.1 & 15, the larger issue as regard exclusion of Maptemala is with the State Government. 3.

We have perused para Nos.11, 13 & 14 of the Affidavit-in-Reply filed on behalf of the Respondent Nos.1 & 2, which is reproduced as 1 of

under :

"11. I say that, on 01.01.2024; the Ld. Collector (incharge) submitted detail report to Deputy Secretary, Urban Development Department i.e., Respondent No. 1, that there is no objection to the establishment of Mapatemala as an independent village panchayat by excluding the area of Mapatemala from Atpadi Nagar Panchayat, if it does not come in the way of Government Regulations under Section 6 of the Maharashtra Municipal Council, Nagar Panchayats, and Industrial Towns Act 1965. Hereto annexed and marked as Exhibit R-6 is a copy of the letter dated 01.01.2024.

13. I say that the Respondent No. 1, vide letters dated 12.06.2025 and 24.06.2025, gave guidelines for ward formation programme for Zilha Parishad and Panchayat Samiti in Sangli District. Draft ward formation has been published on 14.07.2025 excluding the area of Maptemala. Hereto annexed and marked as Exhibit R-8 (Colly) are the copies of the letters dated 12.06.2025, 24.06.2025 & 14.07.2025.

14. I say that the authority regarding the exclusion of the Maptemala area from the Atpadi Nagar panchayat and the establishment of an independent Gram Panchayat for that area lies with the State Government level i.c.. the Respondent No. 1." 4.

The Respondent No.1-State Government therefore is requested to consider the report of the Respondent No.2 to exclude Maptemala from the Atpadi Nagar Panchayat as expeditiously as possible and preferably 2 of

within a period of six months from today.

5.

The Petition is disposed off.

6.

All contentions are open for the Petitioners to pursue the matter before the State Government.

7.

Additional representation, if any, is permitted to be made by the Petitioners to the State Government, which shall be considered on merits. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.10.03 14:17:17 +0530 OMKAR SHIVAHAR KUMBHAKARN 3 of