Disposed

The Sarpanch, Gram Panchayat Wangi v. the Hon'Ble Chief Minister State of Maharashtra and Ors.

Bombay HC9 Jul 2018WP/4265/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging orders that halted construction of a Primary Health Centre. Petitioners sought quashing of the order and direction to commence work. The court found construction had already started and quashed the impugned orders accordingly.

What did the court decide?

Prayer to quash orders halting construction granted; prayer to direct commencement of work dismissed as infructuous.

The Sarpanch, Gram Panchayat Wangi Vs the… — Public Procurement and Tenders | Bombay HC (2018)

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Digitally signed by Shubhada Shubhada Shankar Shankar Kadam Kadam Date: 2018.07.11 04:17:52 +0530

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21 wp 4265.18.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4265 of 2018

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The Sarpanch, Gram Panchayat Wangi …..Petitioner versus

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The Hon'ble Chief Minister, The State of Maharashtra and ors. …..Respondents

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Mr. Mahindra B. Deshmukh, advocate for the petitioners. Mr. A. A. Patel AGP for the State. Mr. Vijay Killedar, advocate for the respondent Nos.4 to 6.

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CORAM : RANJIT MORE &

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SMT.ANUJA PRABHUDESSAI, JJ.

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DATE : 9^th JULY, 2018.

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P. C. :

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1. The petition is filed for the following reliefs :

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“a.

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b. This Hon'ble Court may be pleased to declare that the order passed by the Respondent Nos.1 and 3 dated 05/02/2018 and 14/02/2018 are illegal and beyond the power and their authority and further be pleased to quash and/or set aside the impugned order dated 05/02/2018 and 14/02/2018 passed by Respondent Nos.1 and 3 respectively.

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c. This Hon'ble Court may be pleased to issue appropriate Writ, direction or order thereby directing to the Respondents 1 to 6 to forthwith commence the construction of Primary Health Centre as planned in

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Shubhada S Kadam 1/3

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21 wp 4265.18.doc

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Gat No.3264 of village Wangi, Tal. Kadegaon, District; Sangli.”

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By an order dated 14^th February, 2018, the Collector-Sangli, at the instance of the Chief Minister, stopped construction of the Primary Health Centre on Gat No.3264. The orders of the Collector as well as the Chief Minister are challenged in the petition. After hearing both the sides, this Court, by an order dated 12^th April, 2018, granted ad-interim relief in terms of prayer clause (d) and thereby, stayed the Collector's order.

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Mr. Killedar, learned counsel appearing for the respondent Nos. 4 to 6, makes a statement that now construction of the Primary Health Centre has commenced on Gat No.3264 and the same shall be completed expeditiously. The statement is accepted. In support of his statement, Mr. Killedar has placed on record communication dated 3^rd July, 2018 and 7^th July, 2018 from the Deputy Engineer, Panchayat Samiti, Kadegaon as well as photographs to that effect. He further submits that he has no objection if the impugned orders are quashed and set-aside.

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In the light of the above, we dispose of this petition in terms of prayer clause (b) which is mentioned hereinabove. Prayer clause (c) is rendered infructuous in view of the statement made hereinabove that

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Shubhada S Kadam 2/3

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21 wp 4265.18.doc

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the construction of the Primary Health Centre has already commenced on Gat No.3264 and will be completed expeditiously.

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The writ petition, accordingly, stands disposed of.

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[SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]

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Shubhada S Kadam 3/3

The Sarpanch, Gram Panchayat Wangi v. the Hon'Ble Chief Minister State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

The Sarpanch, Gram Panchayat Wangi v. the Hon'Ble Chief Minister State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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