Nimbajji Jagannath Kakulate v. The State Of Maharashtra Thro. The Secretary Rural Development Dept.

25. CIVIL WP-9946-25.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9946 OF 2025 Nimbhaji Jagannath Kakulate .. Petitioner

Versus

The State of Maharashtra & Ors.

.. Respondents ....................

 Mr. N.V. Bandiwadekar, Senior Advocate i/by Mr. Pradeep Gole, Advocate for Petitioner  Mr. N.C. Walimbe, Addl.GP a/w Ms. Aloka A. Nadkarni for Respondent Nos. 1 & 2 ...................

CORAM : MILIND N. JADHAV, J.

DATE : JULY 21, 2025 P. C.

:

1.

Heard Mr. Bandiwadekar, learned Senior Advocate for Petitioner. 2.

Termination of Petitioner by Chief Executive Officer of the Zilla Parishad by order dated 25.06.2018 (appended at page No. 71, Exh. "N" of Petition) has been upheld by the Appellate Court by order dated 15.11.2018 (appended at page No. 84, Exh. "Q" Of Petition) and further upheld in Revision by State by order dated 10.07.2019 (appended at page Nos. 87-93, Exh. "R" of Petition.) 3.

Petition is filed in the year 2025. Reasons for delay according to Mr. Bandiwadekar is that Criminal Proceedings were filed under the provisions of IPC, POCSO Act and Atrocities Act against the Petitioner in which Petitioner has been acquitted of the offences by order dated 13.02.2024. That order is appended at page Nos. 94-121, Exh. "S" of

25. CIVIL WP-9946-25.docx Petition. He would submit that pursuant to that order Petitioner approached the Zilla Parishad with representation dated 15.05.2024 to which Zilla Parishad has replied by letter dated 24.09.2024 stating that as and when Revision shall be decided by the State, Zilla Parishad shall take appropriate action. Insofar as the Revision is concerned, same has already been decided on 10.07.2019. That was also pointed out to the Zilla Parishad but thereafter there is no response from the Zilla Parishad. The aforesaid facts are all delineated in the legal notice issued to the Zilla Parishad on 01.03.2025 by Advocate for Petitioner. 4.

In view of the above, arguable case is made out by Mr. Bandiwadekar for issuance of notice. Hence issue notice to the Respondents made returnable on 04.08.2025. Humdast permitted. In addition to Court's notice, Petitioner is directed to serve copy of the Petition along with copy of this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date.

5.

Ms. Nadkarni, learned AGP waives service of Respondent Nos. 1 and 2.

6.

Stand over to 4th August, 2025.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.07.21 16:43:19 +0530 RAVINDRA MOHAN AMBERKAR