Bombay High Court
Jayshri D/O Vijay Welda vs State Of Maharashtra, Thr. Secretary, ... on 17 October, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
wp6466.2022.odt
1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.6466/2022
Jayshri D/o Vijay Welda
-Vs.-
State of Maharashtra and others
-----------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
-----------------------------------------------------------------------------------------
Mr. V.N. Morande, Advocate for the petitioner.
CORAM : SUNIL B. SHUKRE
AND ANIL L. PANSARE, JJ.
DATE : 17.10.2022 Heard.
2. The contention is that the impugned communication dated 29.9.2022 requiring of holding another gramsabha under the chairmanship of Sub-Divisional Officer only because the first gramsabha unanimously decided against auction of the sand ghat falling in the scheduled and non-forset area is contrary to the provisions made in Rule 32(8) of the Maharashtra Village Panchayats Extension to Scheduled Areas (PESA) Rules, 2014. This petition does not challenge the legality and validity of Government Resolution dated 28.1.2022.
3. Issue notice for final disposal at admission stage to wp6466.2022.odt 2/2 the respondents.
4. Mr. A.M. Deshpande, In-charge Government Pleader waives notice for respondent Nos.1 to 5 and 7.
5. We direct that whatever decision that may be taken in the new gramsabha under the chairmanship of Sub-Divisional Officer shall be subject to the final result of this petition.
6. Leave to amend the petition and its prayer clauses is granted. Amendment be carried out on or before the next date. Copy of the amended petition be furnished to the respondents with liberty to them to file their reply.
7. Stand over to six weeks.
8. Final hearing is expedited.
9. Steno copy of the order be furnished to both sides.
(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE J.) Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Tambaskar.
Date:17.10.2022 16:53