1 wp2734-11.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2734 OF 2011 Ratnakar Malhari Makhare .. Petitioner Vs. The State of Maharashtra & Ors. .. Respondents Mr.Balasaheb Deshmukh for the petitioners Mr.C.R.Sonawane, A.G.P. for respondent nos.1 to 3 and 6 CORAM: D.D.SINHA & K.K.TATED, JJ. DATE: 15TH JUNE, 2011 P.C. 1. Heard the learned counsel for the petitioner and the learned A.G.P. for the respondents. 2. The grievance of the petitioner is in respect of implementation of 'Nagri Dalit Vasti Sudharna Yojna', the scheme floated by the State Government. It is submitted that respondent nos.2 to 5 are the authorities who are expected to implement the scheme for the benefit of people belonging to Schedule Caste 2 wp2734-11.doc Community. It is further contended that the scheme was floated by the Government in the year 2002. The grievance of the petitioner is that the petitioner is a resident of village Indapur, Dist. Pune. So far as the implementation of the scheme in respect of area where petitioner resides is concerned, the authorities have committed misappropriation and illegalities while implementing the said scheme and therefore, the petitioner has filed a formal complaint before the Collector on 17.1.11. The counsel for the petitioner has submitted on an earlier occasion also, the complaints were filed by the petitioner in this regard before the Collector which is the authority expected to ensure proper implementation of the scheme, however, nothing much has been done in this regard. 3. The counsel for the petitioner further contended that as per the G.R. dt.5.3.2002, the Collector is in charge of the scheme and needs to monitor and ensure whether the concerned authorities are implementing the scheme properly in order to achieve the objective of the scheme. It is submitted that if it is brought to the notice of the Collector that the implementation 3 wp2734-11.doc of the scheme has not been done as required under the scheme by the authority, Collector is also vested with the power to conduct preliminary inquiry, if complaint is received in this regard and is further required to forward his report to the State Government. It is submitted that in the instant case, the petitioner lodged a complaint on 17.1.11 that the Collector, Pune who has appointed Mr.Deshmukh, S.D.O. Baramati to inquire into the complaint lodged by the petitioner. However, the Collector till this date has not submitted, forwarded any report to the State Government in this regard, and therefore, the petitioner has to approach this court for necessary direction to the Collector in this regard. 4. The learned Asst.G.P. states that if the report is not submitted by the Collector to the State Government, appropriate steps shall be taken by the Collector as per the direction of this court. 5. We have considered the contention canvassed by the learned counsel for the petitioner as well as the learned A.G.P. for the respondents. In the instant case, it appears that after the complaint was filed by the petitioner before the Collector, 4 wp2734-11.doc Collector has appointed SDO to inquire into the allegations made by the petitioner in the complaint. It appears that the SDO has submitted some report to the Collector which does not deal with all the aspects of the allegations made in the complaint. 6. Be it as it may, in view of the G.R. dated 5.3.02, the duty is cast upon the Collector to conduct preliminary inquiry, if he receives complaint in respect of illegality, irregularity, misappropriation etc. alleged to have been committed by the officers, authorities and persons who are associated with the implementation program of the scheme and the Collector is further required to forward the report in respect of the same to the State Government. 7. In the instant case, it appears that the inquiry which is initiated by the Collector on the basis of the complaint lodged by the petitioner is at the initial state and therefore, we direct the Collector, Pune to conclude the preliminary inquiry in accordance with the procedure applicable in law in this regard as early as possible and submit the report in one way or the 5 wp2734-11.doc other to the State Government accordingly. With these observations and directions, writ petition is disposed of. (D.D. SINHA, J.) (K.K. TATED, J.)