Bombay High Court
Manoj S/O Narayan Rathod And Another vs The Union Of India, Thr. Secy., Ministry ... on 1 August, 2022
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
38.wp.4365.2022.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4365 OF 2022
(Shri Manoj s/o Narayan Rathod & anr. Vs. The Union of India & ors.)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri K.S. Narwade, Advocate for the petitioners.
Shri N.S. Deshpande, Assistant Solicitor General of India for respondent No.1.
Mrs. S.S. Jachak, Assistant Government Pleader for respondent Nos.2 & 3.
CORAM:- A.S. CHANDURKAR & URMILA JOSHI-PHALKE, JJ.
DATED :- AUGUST 1, 2022.
Heard.
2. The petitioners have challenged the action of respondent No.1 - the Ministry of Law and Justice which has published a notification under para-6 of the Fifth Schedule to the Constitution of India, thereby declaring scheduled areas in the State of Maharashtra. The village Koli Khurd, Tah. Ghatanji, District Yavatmal was included in the said list of the scheduled area.
3. As per the contention of the petitioners, in fact, the population of the scheduled tribe in the village is less than 5% of the total population of the village, however, disregarding the population the village Koli Khurd was included in the scheduled area. It is further the contention of the petitioners that since there was no challenge to the notification, the same position continues till the date. It is further the contention of the petitioners that the State of Maharashtra issued a notification thereby 38.wp.4365.2022.odt 2 bringing into force the rules called as Maharashtra Village Panchayats Extension to Scheduled Area (PESA) Rules, 2014. The rules, further provides regulation of proceedings in the Panchayats in the Scheduled Areas.
4. Issue notice to the respondents, returnable in four weeks.
5. Shri N.S. Deshpande, learned Assistant Solicitor General of India for respondent No.1 and Mrs. S.S. Jachak, Assistant Government Pleader for respondent Nos.2 & 3, waives notice.
6. Leave to add Gram Panchayat, Koli Khurd, Taluka Ghatanji, District Yavatmal as respondent No.5.
(URMILA JOSHI-PHALKE, J.) (A.S. CHANDURKAR,J.) *Divya DIVYA SONU BALDWA 02.08.2022 18:16