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Bombay High CourtWP/1149/2026disposed off

Sau. Daraksha Naj Sajjad Ahmed v. Honble Minister For Rural Development, State Of Maharashtra, Mumbai And ORS.

2026-02-09Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode2 pages

2026:BHC-NAG:2152-DB 134-WP-1149-2026.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 1149 of 2026 Sau. Daraksha Naj Sajjad Ahmed vs.

Hon'ble Minister for Rural Development, State of Maharshtra and others. ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Devdutta G. Gawande, Advocate for petitioner. Mr. I. J. Damle, AGP for respondent nos. 1 and 2. CORAM :- ANIL S. KILOR and RAJ D. WAKODE, JJ. DATE :- 9th FEBRUARY, 2026.

Heard Shri Devdutta Gawande, the learned counsel for the petitioner.

2.

The contention is that an order which was passed under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 (for short, 'the said Act') on 10.10.2025 by the respondent no.2-Additional Commissioner, Amravati, thereby disqualifying the present petitioner was immediately challenged before the respondent no.1-Hon'ble Minister by filing an appeal under Section 39(3) of the said Act on 14.10.2025. Shri Gawande, the learned counsel has invited our attention to the pleadings in para 9 of the present writ petition which contend that the aforesaid appeal was listed on various dates including 04.11.2025, 12.11.2025 and finally on 13.11.2025. It is submitted that when the respondent no.1 has heard both the sides on 13.11.2025, no order has been passed on the aforesaid appeal or the stay application from 13.11.2025 till today. The statute under Section 39(3) of the said Act casts responsibility upon the respondent no.1 to decide the appeal within stipulated period of 30 days. It appears that the aforesaid stipulated period as contemplated under the Act has been expired.

134-WP-1149-2026.odt 2 3.

In that view of the matter, we dispose of the present writ petition with a direction to the respondent no.1-Hon'ble Minister for Rural Development to decide the aforesaid appeal within stipulated period of 15 days from the date of receipt of the order of this Court. 4.

The learned counsel for the petitioner undertakes to produce copy of this order before the respondent no.1-Hon'ble Minister within a period of one week from today.

5.

Decision taken thereupon shall be communicated to the petitioner within two weeks from the date of such decision. 6.

With these directions, the writ petition is disposed of. No order as to costs.

( RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Andurkar.

Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 10/02/2026 10:15:58