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Bombay High CourtWP/6894/2025dismissed

Sau. Sushma W/O Bharat Thorat v. The Minister, Rural Development Dept., Mumbai And Others

2025-11-13Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 23. WP.6894.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6894/2025 SAU. SUSHMA W/O BHARAT THORAT

VERSUS

THE MINISTRY, RURAL DEVELOPMENT DEPARTMENT, MUMBAI & ORS. Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. N. A. Gawande, counsel for the petitioner. Mr. M. R. Joharapurkar, counsel appears on caveat for respondent nos.6and 7. Mr. N. S. Autkar, AGP for the respondent nos. 1 & 2. CORAM : PRAFULLA S. KHUBALKAR, J.

D ATE : NOVEMBER 13, 2025 1.

Heard learned counsel for petitioner.

2.

Petitioner's challenge is to the order passed by the Hon'ble Minister reversing the order passed by the respondent no. 2 Additional Commissioner under Section 39 of the Maharashtra Village Panchayats Act, 1959.

3.

Learned counsel for petitioner submits that, in view of the glaring illegalities committed by the respondent nos. 6 and 7, the respondent no. 2 has disqualified the respondent nos. 6 and 7 by order dated 23.05.2025. This order was challenged by way of appeal before the Hon'ble Minister and by the impugned order the appeal is allowed without considering the report of the Chief Executive Officer, Zilla Parishad, Amravati.

4.

Having regard to the controversy involved, issue notice for final disposal to the respondents returnable on 03.12.2025. 5.

Learned Advocate Mr. M. R. Joharapurkar, who appears on caveat waives service of notice for the respondent nos. 6 and 7.

2 23. WP.6894.25.odt 6.

Learned Assistant Government Pleader Mr. N. S. Autkar, waives services of notice on behalf of respondent nos. 1 and 2. 7.

It is pointed out that the charge of Sarpanch is already restored to the respondent no. 6.

8.

By way of interim order it is directed that the respondent no. 6 shall not take any major financial decision during the pendency of the instant petition.

9.

Stand over to 27.11.2025.

(PRAFULLA S. KHUBALKAR, J.) Shubham