Tanuja Pandurang Deshmukh And Another v. The State Of Maharashtra Through The Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO. 4871 OF 2024 WITH CIVIL APPLICATION NO. 5497 OF 2024 TANUJA PANDURANG DESHMUKH AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr. P. S. Chavan, Advocate for the petitioner Mr. S. B. Jadhav, AGP for the respondent/State Mr. S. S. Kote h/f Mr. A. V. Hon, Advocate for respondent No.5

CORAM

: R. M. JOSHI, J.

DATE : 23rd APRIL, 2025 PER COURT :- 1.

During the course of hearing learned counsel for the petitioners has drawn attention to the Court to the observations made by the Chief Executive Officer, Zilla Parishad, Latur in his report dated 06/10/2022 that Mr. Hanmante V. S. has made statement before the Collector, Latur in the proceedings under Section 14(1)(j)(3) of the Maharashtra Village Panchayat Act, 1959 to the effect that the encroachment register up to year 2014-2015 is correct, however, the register from 2017-2018 to 2019-2020 is prepared by the present petitioners and that as a Gram Sevak, he has not a prepared the same. It is a contention of the learned counsel for the petitioner that under the Right to Information Act the entire proceedings before the Collector are sought and in the said information provided to the petitioner except for a 909.wp4871.24.odt

statement in writing dated 07/09/2021 there is no other statement found to have been made by the Gram Sevak before the Collector. 2.

Since the information is provided by the Collector's office, prima facie the said information/document is considered to be correct. Perusal of the same does not indicate any statement being made by the Gram Sevak in the said proceedings before the Collector as reflected in the order of CEO. Hence, issue notice to Mr. Rahul Kumar Meena, Chief Executive Officer, Z.P. Latur, who has recorded in the order dated 06/10/2022 about statement being made by Shri. Hanmante V. S. before Collector on 23/09/2021.

3.

Learned counsel for the ZP to communicate this order to Mr. Rahul Kumar Meena, Chief Executive Officer. He is directed to file affidavit explaining this anomaly. Affidavit be filed within a period of a week.

4.

Stand over to 2nd May, 2025.

5.

Interim relief to continue till further order. (R. M. JOSHI, J.) ssp 909.wp4871.24.odt