Mahendra Gopal Patil And Another v. The State Of Maharashtra And Others

2026:BHC-AUG:18326-DB 9-sr909-WP.2479.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2479 OF 2026 1.

Mahendra Gopal Patil 2.

Rajendra Prakash Patil ..Petitioners Vs.

1.

The State of Maharashtra, 2.

The Chief Executive Officer, Zilla Parishad, Jalgaon, 3.

Kerhale Village Panchayat, Through its Gram Sevak, Tq. Raver, Dist. Jalgaon 4.

Dagadu Hiraji Patil, Age : 75 Years, Occ. Agri., r/o. Kerhale (Bk), Tq. Raver, Dist. Jalgaon ..Respondents ---- Mr.D.A.Mane, Advocate for petitioners Ms.Neha B. Kamble, AGP for respondent no.1 ---- CORAM : SMT.VIBHA KANKANWADI & AJIT B. KADETHANKAR, JJ.

DATE : APRIL 23, 2026 ORDER :- Present petition has been filed with the following relief :- "B.

The Writ Petition may kindly be allowed and learned District Collector, Jalgaon, may kindly be directed to decide the representation dated 12.07.2025 submitted by the petitioner as expeditiously as possible.

9-sr909-WP.2479 2.

Learned counsel for the petitioner submits that though he had made an application to the Tahsildar to get the copies of the N.A. permission, he has received the reply that there is no record available with the concerned office in respect of the N.A. order, however, N.A. map is available.

3.

Taking into consideration of the facts stated in the application dated 12.07.2025, the Collector would be the appropriate authority. Further, it can be seen that the said application appears to have been made under Section 53 of the Maharashtra Village Panchayat Act, 1959 ("the Act", for brevity) when there was failure on the part of the Grampanchayat to decide the application under sub-section (2) of Section 53 of the said Act. Sub-section (2A) of Section 53 of the Act prescribes that when Grampanchayat fails to take any action under sub-section (2) of Section 53 of the Act, then Collector suo motu or on an application made in this behalf, may take action.

4.

Learned AGP, upon instructions, submits that the respondent no.1 would decide the application filed by the petitioner within a period of eight weeks from today.

9-sr909-WP.2479 5.

In view of the statement made by learned AGP, we dispose of the Writ Petition by directing the respondent no.1 to decide the application filed by the petitioner, within a period of eight weeks from today.

[AJIT B. KADETHANKAR, J.] [ SMT.VIBHA KANKANWADI, J.] ...........

KBP