Allowed

The Grampanchayat Sawargaon through the Village Development Officer v. the State of Maharashtra through the Secretary and Others

Bombay HC10 Feb 2023CA/1713/2023

Case brief

AI extract

What is this about?

The High Court allowed civil applications seeking permission to release funds for completed works under the Dalit Vasti Sudhar Yojana, issuing directions for verification, completion certificates, and repayment obligations if amounts are wrongfully received.

What did the court decide?

Permission granted to release payments upon verification; directions issued for completion certificates and repayment undertakings.

The Grampanchayat Sawargaon through the… — Labour and Industrial Disputes | Bombay HC (2023)

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1691.23ca etc

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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920 CIVIL APPLICATION NO.1691 OF 2023 IN PIL/29/2022

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THE GRAMPANCHAYAT PIMPRI, THROUGH THE GRAMSEVAK RUKHMINI RAOSAHEB LAHANE VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

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WITH

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CA/1713/2023 IN PIL/29/2022 CA/1714/2023 IN PIL/29/2022 CA/1715/2023 IN PIL/29/2022 CA/1717/2023 IN PIL/29/2022 CA/1718/2023 IN PIL/29/2022 CA/1719/2023 IN PIL/29/2022 CA/1720/2023 IN PIL/29/2022 CA/1721/2023 IN PIL/29/2022 CA/1722/2023 IN PIL/29/2022 CA/1716/2023 IN PIL/29/2022 CA/1708/2023 IN PIL/29/2022 CA/1705/2023 IN PIL/29/2022 CA/1696/2023 IN PIL/29/2022 CA/1697/2023 IN PIL/29/2022 CA/1698/2023 IN PIL/29/2022 CA/1699/2023 IN PIL/29/2022 CA/1700/2023 IN PIL/29/2022 CA/1707/2023 IN PIL/29/2022 CA/1711/2023 IN PIL/29/2022 CA/1712/2023 IN PIL/29/2022 CA/1710/2023 IN PIL/29/2022 CA/1694/2023 IN PIL/29/2022 CA/1695/2023 IN PIL/29/2022 CA/1567/2023 IN PIL/29/2022 CA/1533/2023 IN WP/4359/2022

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CA/1528/2023 IN WP/4359/2022 CA/1566/2023 IN PIL/29/2022 CA/1565/2023 IN PIL/29/2022 CA/1564/2023 IN PIL/29/2022 CA/1563/2023 IN PIL/29/2022 CA/1703/2023 IN PIL/29/2022 CA/1693/2023 IN PIL/29/2022 CA/1704/2023 IN PIL/29/2022 CA/1748/2023 IN PIL/29/2022 CA/1745/2023 IN PIL/29/2022 CA/1746/2023 IN PIL/29/2022 CA/1762/2023 IN PIL/29/2022 CA/1744/2023 IN PIL/29/2022 CA/1757/2023 IN PIL/29/2022 CA/1758/2023 IN PIL/29/2022 CA/1755/2023 IN PIL/29/2022 CA/1760/2023 IN PIL/29/2022 CA/1754/2023 IN PIL/29/2022 CA/1759/2023 IN PIL/29/2022 CA/1751/2023 IN PIL/29/2022 CA/1752/2023 IN PIL/29/2022 CA/1750/2023 IN PIL/29/2022 WITH PIL/29/2022 CA/15497/2022 IN PIL/29/2022

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CA/1535/2023 IN WP/4359/2022

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Mr A. R. Tapse, Advocate for applicants; Mr S. G. Karlekar, A.G.P. for respondent Nos.1 & 2

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1691.23ca etc

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(2)

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Mr P. D. Suryawanshi, Advocate for respondent/ZP Beed Ms Harsha Lomate, Advocate h/f Mr V. D. Salunke, Advocate for respondent /petitioner in PIL

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CORAM : RAVINDRA V. GHUGE AND

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SANJAY A. DESHMUKH, JJ.

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DATE : 10th February, 2023

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PER COURT:

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All these Gampanchayat entities, applicants herein, seek the leave of this Court to release the payment for the work done under the scheme “Dalit Vasti Sudhar Yojana”. It is pointed out that this Court has passed an order on 02/05/2022, in Writ Petition No.4359 of 2022, more particularly paragraph No.13, vide which, the Grampanchayat that may propose to release funds in respect of the completed works, allotted for the financial year 2021-2022, would be at liberty to do so, only after seeking permission of this Court.

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The learned Advocate representing the Public Interest Litigation petitioner as well as the writ petitioner, submits that the proceedings before the Court are not adversarial litigation. The PIL has been filed to ensure that there is uniformity in the allotment of funds to the various Grampanchayats for performing

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1691.23ca etc

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(3)

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the works that are required under the ‘Dalit Vasti Sudhar Yojana’. So also, the object of preferring the PIL, which is appreciated by this Court, is that the money should not fall in the wrong hands and there should not be over expenditure or expenditure on works which have not been completed. Several other issues have also been raised in the PIL.

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The learned Advocates for the Grampanchayat – applicants, specifically submit on the basis of their pleadings that the Grampanchayats are seeking permission of this Court to release funds for making payments to those entities who have already completed the work allotted to them and have also been given completion certificates by the Grampanchayat upon due scrutiny and verification.

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The learned Advocate for the petitioner in PIL submits that, there is a possibility that an issue with regard to the quality of the work done, may crop up as this Court would consider the PIL. She, therefore, suggests that the Grampanchayat should device a mechanism to ensure that, if excess amounts are paid or if amounts are wrongfully paid, the said amounts should be returned to the Grampanchayat.

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(4)

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1691.23ca etc

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In view of the above, these civil applications are allowed with the following directions :-

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(A) The Block Development Officers of the concerned Panchayat Samiti(s) shall once again carry out a verification of the amounts to be released.

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(B) Amounts will be released to those entities who have been granted completion certificate by the Grampanchayat. (C) Needless to state, if any of these completion certificates are subsequently noticed to be defective or having been granted without due verification, the concerned Executive Engineer/ Authority which has issued the completion certificates, would be held solely liable.

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(D) Those entities who are being disbursed amounts by the Grampanchayats under this order, shall tender an affidavit undertaking that, if the said entity is found to have received excess amounts or wrongfully received the amounts, such amounts shall be redeposited with the Grampanchayats within eight weeks from the date of such order, either passed by this Court or by the Zilla Parishad Authorities.

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1691.23ca etc (5)

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(E) Needless to state, unless a completion certificate is issued by the concerned Grampanchayat / Zilla Parishad / Authority after due verification, no payments would be released to such particular entity.

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(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)

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sjk

The Grampanchayat Sawargaon through the Village Development Officer v. the State of Maharashtra through the Secretary and Others

Case brief

What is this about?

What did the court decide?

The Grampanchayat Sawargaon through the Village Development Officer v. the State of Maharashtra through the Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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