Bombay High Court
Sanjay Namdev Chaudhari And Anr vs The State Of Maharashtra Thr Its ... on 10 July, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
4-WP-2002-2023 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2002 OF 2023
WITH
INTERIM APPLICATION NO. 9040 OF 2025
Sanjay Namdev Chaudhari And Anr. ..Petitioners
VERSUS
The State of Maharashtra Thr Its Secretary
Rural Development Dept. And Ors. ..Respondents
_______
Mr. S. S. Panchpor a/w Mr. Aashay Rabade for Petitioners.
Mr. Rupesh K. Bobade a/w Ms. Shradha K. Nakadi for Respondent No.3 - ZP,
Solapur.
Ms. Savita A. Prabhune, A.G.P. for the Respondent Nos.1 & 2-State.
Mr. Advait Tamhankar for Respondent No.5.
_______
CORAM: G. S. KULKARNI &
ARIF S. DOCTOR, JJ.
DATE: 10th JULY 2025 P.C.
1. As fairly submitted by Ms. Prabhune, learned A.G.P., the Principal Secretary, Rural Development Department is seized with the proposal made by the Petitioners for deletion of the Village Khadkewadi, Post Devlali, Taluka Karmala, Dist. Solapur from the group Gram Panchayat Devlali.
2. The learned counsel for the Petitioners has submitted that the impugned communication dated 21.01.2021, as addressed by the Government of Page 1 of 3 Sajakali Jamadar ::: Uploaded on - 22/07/2025 ::: Downloaded on - 02/08/2025 01:04:55 ::: 4-WP-2002-2023 (C).DOC Maharashtra to the Divisional Commissioner, Pune Division would now not apply as it is not a situation that only six months remain for any elections.
3. The learned counsel for the Petitioners has also relied on the substantive provisions mainly the provisions of Section 4 sub-sections (1) and (2) to submit that the entitlement of the Petitioners for deletion of Village Khadkewadi from the group Gram Panchayat Devlali would be justified even considering the applicability of the Government Resolution dated 12th February, 2004. He has also drawn our attention to the Article 243(F) and Article 243(D) of the Constitution of India. Also referring to the provisions of Sub-section 14(A) of Section (3) he submits that the reference to last preceding section in the present case would not be applicable, considering the clear provisions which are relied upon by the Petitioners and referred by us herein above. It is his submission that as on date if considered from the perspective of the Government Resolution dated 12th February 2004, the present population of village Khadkewadi is about 1200, which can be verified at any point of time by the concerned officer. It is his submission that the State Government ought not to overlook that for almost a period of 15 years, no census is conducted, hence, the substantive recognition of the rights to have an independent Gram- Panchayat as conferred under the Constitution as also the provisions of the Maharashtra Village Panchayats Act, 1959 cannot be obliterated and/or rendered nugatory, merely because no census has been held for last 15 years.
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4. On the above circumstances, we are of the opinion that all such considerations are required to be borne in mind by the Principal Secretary, Rural Development Department in taking a decision on the Petitioners' pending application.
5. Let such application be decided in accordance with law within a period of 15 days from the date of a copy of this order is presented before the Principal Secretary, Rural Development Department.
6. All contentions of the parties are expressly kept open.
7. Stand over to 7th August, 2025.
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