1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.3000 OF 2009 1. Abluk s/o Hiraji Ghuge, Age 41 years, occu. Social Work, r/o Patoda, Tq. Patoda, District Beed 2. Dnyanoba s/o Baburao Jadhav, Age 56 years, occu. /Social work And Agriculture, r/o Shivajinagar, Patoda, Tq. Patoda, District Beed ..PETITIONERS VERSUS 1. The State of Maharashtra Through Secretary Rural Development Department Mantralay, Mumbai 2. Uttam s/o Dhondiba Nimbalkar, Age 55 years, Occu. Contractor, President Rural Water Supply and Sanitation Committee Patoda Tq. Patoda, District Beed 3. Rural Water supply and Sanitation Committee Patoda Tq. Patoda, District Beed, Through its Secretary, B.S. Nagare, Age years, Occu. Service, r/o Gramsevak Colony, Nagar Road, Beed 4. Sayyad Abdul Sayyad Yasin, Age 45 years, Occu. Social work Vice President Rural Water supply and Sanitation committee, Patoda, Tq. Patoda, District Beed 2 5. Shaikh Khaium Shaikh Gani, Age 35 years, occu. Business Through Member Rural Water supply and Sanitation Committee Patoda R/o Patoda, Taluka Patoda, District Beed 6. Balasaheb Ashruba Rakh, Age : 35 years, Occu. Business Member, Rural Water Supply and Sanitation committee Patoda R/o Patoda, Taluka Patoda District Beed 7. Sominath Kundlik Kolhe, Age 42 years, Occu. Social work Member, Rural Water Supply and Sanitation committee Patoda, Tq. Patoda, District Beed 8. Arun Kisanrao Kulkarni, Age : 45 years, Occu. Business Member, Rural Water supply and Sanitation committee Patoda Tq. Patoda, District Beed 9. Baliram Babasaheb Pote, Age : 42 years, Occu. Contractor Rural Water supply and Sanitation committee Patoda Tq. Patoda, District Beed 10. Ashabai Balu Adagale, Age 40 years, occu. Household Member, Rural Water Supply and Sanitation committee Patoda, Tq. Patoda, District Beed, R/o Patoda, Tq. Patoda, District Beed 11. Dy. Engineer, Rural Water Supply Zilla Parishad, Sub-Division, Patoda, Tq. Patoda, District Beed 3 12. The Executive Engineer Rural Water Supply Zilla Parishad, Sub-Division, Patoda, Tq. Patoda, District Beed 13. The Chief Executive Officer, Zilla Parishad, Beed 14. The Divisional Commissioner, Division, Aurangabad 15. The Grampanchayat Patoda Through its Gramsevak Office, Patoda, Tq. Patoda District Beed 16. Ramesh Hiralal Kankriya r/o Patoda, Tq. Patoda, District Beed 17. Vishvanath Dagdu Hule, Age 45 years, Occ. Contractor r/o Patoda, Tq. Patoda, District Beed 18. The District Collector, Beed, District Beed ..RESPONDENTS Mr B.A. Dhengle, Advocate for the petitioners; Mr B.V. Wagh, A.G.P. for respondents no.1, 14 & 18; Mr U.H. Bhogle, Advocate for respondent no.3; Mr S.T. Veer, Advocate for respondents no.4 to 10; Mr K.U. More, Advocate for respondents no.11, 12, 13 & 15; Mr S.G. Chapalgaonkar, Advocate for respondent no.16 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 22nd October, 2010 4 ORAL JUDGMENT (PER P.V. HARDAS, J.) Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This is a petition in public interest by the residents of the locality known as Shivajinagar and Maulinagar in Patoda, Taluka Patoda, District Beed, seeking the relief at prayer clause (E) to the petition for directing the respondents to complete the project of Swajaldhara for Shivajinagar and Maulinagar area and to make the drinking water available to the residents of that area. Learned Counsel for the petitioners, at the outset has stated before us that the petitioners do not press for the reliefs prayed for at prayer clause (C) and (D) to the petition. This petition accordingly stands dismissed insofar as the relief prayed for at prayer clause (C) and (D) to the petition. 3. A scheme known as "Swajaldhara Scheme" launched by the authorities to ensure that drinking water is made available in all parts of the villages has turned sour as far as the residents of Shivajinagar and Maulinagar are concerned. Though as per the scheme the project was to be completed upto 2004 and the entire amount was released, not a drop of water is available to the residents of Shivajinagar and Maulinagar. It 5 appears that on account of certain irregularities in the execution of the scheme, the Zilla Parishad passed orders directing the respondents to deposit an amount of Rs.2.90 lacs, which was said to have been misutilized. The respondent no.2 had deposited the amount of Rs.2.90 lacs and we are informed that the aforesaid amount is lying in the account of Committee. The scheme ultimately came to be handed over to the Grampanchayat and the Grampanchayat is represented before us by respondent no.15. Respondent no.15 states that in the event the amount of Rs.2.90 lacs is released in favour of the Grampanchayat, the respondent no.15 would ensure that drinking water is available to the residents of Shivajinagar and Maulinagar areas. The respondent no.15 further states that an application in this behalf would be moved by him before the Zilla Parishad i.e. respondents no.12 and 13 within two weeks from today. Non-availability of drinking water to the residents of Shivajinagar and Maulinagar areas is certainly a matter of concern. Though the residents had been complaining to the authorities from time to time, no action appears to have been taken on their complaints. 4. Since respondent no.15 proposes that within two weeks from today, he would submit an application to the respondents no.12 & 13 for allocating the funds of Rs.2.90 lacs to respondent no.15 for doing the patch work to the scheme to ensure that the residents of Shivajinagar and Maulinagar areas receive water, we allow the petition and accept the statement made by respondent no.15 as an undertaking to the Court. 6 We further direct respondents no.12 & 13 that in the event respondent no.15 makes an application, as referred to above, respondents no.12 & 13 shall deal with and decide the same in accordance with law within a period of two weeks of its receipt. Respondent no.15 states that on the funds being made available to him i.e. funds of Rs.2.90 lacs, respondent no.15 would complete the scheme and ensure that drinking water is made available to the residents of Shivajinagar and Maulinagar areas within six months thereof. We further direct respondents no.12 & 13 that in the event the aforesaid funds cannot be released for some reason or the other, respondents no.12 & 13 shall take such steps as are available in law to ensure that drinking water is made available to the residents of Shivajinagar and Maulinagar areas within six months from today. 5. Rule is thus made absolute on the terms indicated above with no order as to costs. 6. The amount of Rs.20,000/- deposited by the petitioners shall be refunded to the petitioners. (A.V. POTDAR, J.) ( P.V.HARDAS, J.) amj/wp3000.09