Bombay High Court
Balaji Anandrao Durpude vs The State Of Maharashtra And Others on 4 June, 2019
Bench: Prasanna B. Varale, R. G. Avachat
60.19pil
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.60 OF 2019
Balaji s/o Anandrao Durpude ..PETITIONER
VERSUS
The State of Maharashtra & ors. ..RESPONDENTS
Mr P. P. Mandlik, Senior Advocate for petitioner;
Ms R. P. Gour, A.G.P. for respondent Nos.1, 3 and 4
CORAM : PRASANNA B. VARALE
AND
R. G. AVACHAT, JJ.
DATE : 4th June, 2019
ORAL ORDER:
Heard Mr Mandlik, learned Senior Advocate appearing on behalf of the petitioner.
2. Mr Mandlik, Senior Advocate submitted before us that the grievance of the petitioner is of two-fold. Firstly, the State Government, with a laudable object floated a scheme for providing basic amenities like water to the villagers in the area of village Islapur, Tq. Kinwat, Dist. Nanded. Though it was expected of the concerned authorities to complete the scheme and make the scheme effective within a stipulated period, those authorities, for the reasons best known ::: Uploaded on - 07/06/2019 ::: Downloaded on - 14/07/2019 09:28:35 ::: 60.19pil (2) to them permitted the scheme to linger for indefinite period. As such, the residents of village Islapur are deprived of the benefits of the scheme for a considerable long period. The second grievance raised in the petition is about the illegalities and irregularities in the scheme leading to misappropriation of the amount sanctioned for completing the scheme. On the backdrop of these grievances, the prayers are made in the petition. Prayer clause Nos. B(i) and B(ii) read thus:
"B(i) To direct the respondents to make inquiry against the President, Secretary and Members of the Islapur Village Water Supply Committee, in respect of misappropriation of funds of Rs.1,36,00,000/- given for completion of Islapur Village Water Supply Scheme and to take necessary action (including prosecution) against all the responsible persons and to recover the amount from them.
B(ii) To direct the respondents to complete the Islapur Village Water Supply Scheme at village Islapur, Tq. Kinwat, Dist. Nanded"
3. Insofar as the second grievance of the petitioner is concerned, Mr Mandlik, learned Senior Advocate fairly admits that the petitioner is not prevented from taking appropriate steps to approach the competent authority/forum including the police authorities, in case any ::: Uploaded on - 07/06/2019 ::: Downloaded on - 14/07/2019 09:28:35 ::: 60.19pil (3) misdeed is committed and such a misdeed is under the compass of provisions of Indian Penal Code. It is not in dispute that if a party is of an opinion that the mischief in the nature of an offence is committed, the party can go to the police authorities so as to set criminal law in motion.
4. Accepting the aforesaid position, we hardly see any reason to entertain the petition insofar as prayer clause B(i) is concerned. Accordingly, we issue notice to the respondents only on the backdrop of the prayer clause B(ii) and seek response from them on the aspect of an inordinate delay in the Islapur village water scheme at village Islapur, Tq. Kinwat, Dist. Nanded, making the same returnable on 25 th June, 2019.
5. Learned Asstt. Govt. Pleader waives service of notice for respondent Nos.1, 3 and 4.
(R. G. AVACHAT, J.) (PRASANNA B. VARALE, J.)
sjk
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