Bombay High Court
Abhiman Phulsing Bhill And Others vs The District Collector And Others on 15 November, 2021
Author: R. N. Laddha
Bench: S. V. Gangapurwala, R. N. Laddha
(1) 5-wp-12281-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.12281 OF 2021
ABHIMAN PHULSING BHILL AND OTHERS ..PETITIONERS
VERSUS
THE DISTRICT COLLECTOR AND OTHERS ..RESPONDENTS
...
Mr. Sachin S. Deshmukh, Advocate for the
Petitioners.
Mr. P. K. Lakhotiya, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 15th NOVEMBER, 2021.
PER COURT:-
1. The petitioners assail the Notification dated 31.07.2014 thereby bifurcating the group grampanchayat and constituting village panchayat Hiwarkheda Sim Tanda.
2. The learned counsel for petitioners strenuously contends that, while issuing the Notification purportedly referring to sub-section 4 of Section 4 of the Maharashtra Land Revenue Code (hereinafter referred to as 'MLRC'), the Collector did not conduct an enquiry as contemplate under Section 133 of the MLRC. The conduct of an enquiry under Section 133 of the MLRC is a condition precedent for further process. As the survey / enquiry is not conducted, all further process stands vitiated. On this count itself, the impugned Notification deserves to be quashed and set aside.::: Uploaded on - 17/11/2021 ::: Downloaded on - 17/11/2021 23:30:01 :::
(2) 5-wp-12281-2021
3. The learned counsel further submits that, petitioners are tribals. They were not aware of the consequences of the Notification, nor were aware of the Notification issued. It is only after obstruction was made for use of the land as gairan and burial land, petitioners got the knowledge and thereby have assailed the same.
4. The learned A.G.P. submits that, the State has followed the procedure as contemplated under sub-section 4 of Section 4 of the MLRC. The petitioners are guilty of delay and laches. The provisions of MLRC are adhered to. After the separate revenue village was constituted, the elections have been held of the grampanchayat Hiwarkheda Sim Tanda.
5. We have considered the submissions canvassed by the learned counsel for respective parties.
6. The petitioners now are assailing the Notification of the year 2014. The jurisdiction of this Court under Article 226 of the Constitution of India would be invoked to aid the diligent litigants. The Notification issued referring to Section 4 of the MLRC is after a primary Notification inviting objections. The petitioners admittedly did not raise objections to the Notification and subsequently the final Notification has been issued, thereby including the ::: Uploaded on - 17/11/2021 ::: Downloaded on - 17/11/2021 23:30:01 ::: (3) 5-wp-12281-2021 Survey No.53 of village Hiwarkheda Sim, while constituting a separate grampanchayat and bifurcating from the earlier group grampanchayat. The election seems to have been conducted thereafter considering Survey No.53 to be a part of the grampanchayat Hiwarkheda Sim. The provisional Notification was issued. Thereafter, final Notification has been issued. The procedure has been followed. It would be too late in the day to set the clock back.
7. The apprehension of the petitioner of obstruction can be redressed in appropriate proceedings as may be permissible under law, however, the Notification assailed cannot be faulted with.
8. In view of that, Writ Petition is disposed of. No costs.
(R. N. LADDHA) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/November-2021
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