1 wp7971-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7971 OF 2010 Sou.Vijayalakshmi Vikram Shinde & Others ..Petitioners. Versus The State of Maharashtra & Others ..Respondents. Mr.P.B. Deo for the petitioners. Mrs.M.P. Thakur, AGP for respondent Nos.1, 2, 4 and 5. Mr.Ramesh D. Rane for respondent No.3. CORAM : B.H. Marlapalle, & U.D. Salvi, JJ. DATE : 20th October 2010. P.C. : Heard Mr.Deo, the learned counsel for the petitioners. Mr.Rane appears for the Zilla Parishad – respondent No.3 and Mrs.Thakur, the learned AGP appears for respondent Nos.1,2,4 and 5. 2. Rule. The respondents waives service. By consent, the petition is taken up for final hearing. 2 wp7971-10 3. The petitioners are aggrieved by the order passed by the respondent No.3 – Zilla Parishad requesting the Collector to attach the immovable properties of the persons responsible in implementation of the scheme called Jalswarajya Scheme at Village Dhavaleshwar and as intimated to the Collector on 27th January 2010. The petitioner No.1 was the Chairman of the Audit Committee, whereas the petitioner No.2 was Secretary of the said Committee. The petitioner No.3 was the Secretary and petitioner No.4 was Chairman of the Water Supply and Sanitation Committee and the work of Dhavaleshwar scheme included water sourcing wall, two pump sets, switch room, rising main (pipeline from well to tank) R.C.C. elevated storage reservoir of 70000 liters at the staging height of 10 meters and distribution system, sanitation works etc. The petitioner’s claim that as of now the Scheme is operational and the population of 2500 people gets its benefit. The agreement dated 21st March 2004 between respondent No.3 – Zilla Parishad, Sangli and Gram Panchayat, Dhavaleshwar was signed and the Committees were formed for implementation of the said Scheme between January 2004 to June 2005. The funds were released by the respondent No.3 – Zilla Parishad between 29th June 2005 to 31st December 2005. 4. In November 2007, the petitioner No.1 Smt.Vijayalakshmi Shinde was elected as Sarpanch of the Village Panchayat, Dhavaleshwar and the existing Committees had resigned. Consequently, new Committees were 3 wp7971-10 formed in May 2008 and they took charge of the work in progress of the Scheme and it appears that some complaints were received by the Zilla Parishad, as a result of which on 24th December 2008 a show­cause notice was issued to the petitioner No.1. After the impugned order dated 27th January 2010 was passed, yet another notice was issued on 15th May 2010 seeking to attach the immovable properties of petitioner Nos.1 and 2. It is under these circumstances, the petitioners have approached this Court and sought to rely upon the order passed by this Court on 17th January 2010 in Writ Petition Nos.5019 of 2010 and 5314 of 2010. 5. Mr.Rane, the learned counsel appearing for the Zilla Parishad has placed before us a copy of the letter dated 1st October 2010 addressed to him by the Zilla Parishad. As per the said letter, under Section 141­A of the Zilla Parishad and Panchayat Samiti Act, 1961 the alleged recoveries are required to be referred to the Tribunal as per the Notification dated 24th March 1971 issued by the Government of Maharashtra. The learned counsel for the petitioners state that the recovery proceedings have already been referred to the Collector, Satara and they are pending. The letter is taken on record and marked ‘X’ for identification. 6. Hence, by consent of the parties, this petition is allowed in terms of prayer clause (d). Pending proceedings before the Collector, Satara be concluded expeditiously and preferably within a period of three months from 4 wp7971-10 today. As the written undertaking placed before us has been accepted, attachment / charge, if any on any of the suit properties stands removed. 7. Rule is made absolute accordingly with no order as to costs. (U.D. Salvi, J.) (B.H. Marlapalle, J.)