1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.1095 OF 2009 Nivrutti s/o Baburao Sangle .. Petitioner Versus The State of Maharashtra and others .. Respondents Shri M.A.Tandale, Advocate for petitioner Shri N.N.Jadhav, AGP for respondents 1 to 5 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 26h August 2009 PER COURT : 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for quashing and setting aside of the Notification dated 5.2.2008 shifting the Talathi Saza from village Shedgaon to Hangewadi. 2. Such of the facts as are necessary for the decision of this petition may briefly be stated thus. According to the petitioner, the Talathi Saza was in existence at village Shedgaon since 1935 or thereabout. By virtue of the impugned notification, the Talathi Saza is shifted 2 from village Shedgaon to village Hangewadi which is causing inconvenience to the residents of village Shedgaon and other neighbouring villages. The petitioner, therefore, by this petition prays for the aforesaid relief. 3. Section 2 (33) of the Maharashtra Land Revenue Code, 1966 defines “Saza”. According to the said definition, “Saza” means a group of villages in a taluka which constitute a saza under Section 4. By virtue of the powers exercised under Section 4, the notification came to be issued transferring the Talathi Saza from village Shedgaon to village Hangewadi. According to the petitioner, village Shedgaon has a population of 3500 and the revenue collection for village Shedgaon is Rs.79,000/- and there are about 939 land holders as against the pre-requisite for designating a Saza being a population 3000, land holders 500 and land revenue Rs.8000/-. Thus, the petitioner contends that there is absolutely no reason for shifting the Talathi Saza from village Shedgaon to village Hangewadi. 4. On notice being issued to respondents, the respondents have filed their affidavit-in-reply. In the affidavit-in-reply, it is admitted that Talathi Saza at village Shedgaon was in existence since many years. The shifting of the Talathi Saza from village Shedgaon to village Hangewadi was necessitated on account of 3 the fact that village Shedgaon was not the central place from the point of view of Saza point. It is stated that the Talathi Saza may be convenient for the villagers of village Shedgaon but was inconvenient for the villagers of the neighbouring villages. It is further stated that village Hangewadi has several approach roads as compared to village Shedgaon. It is also stated that on account of geographical development, new approach roads, the reorganization of the Saza was necessary. It is further stated that as per the provisions of law, a provisional notification came to be published on 5.2.2008 inviting objections. The final notification came to be published on 29.5.2008 when the petitioner was granted hearing by Collector. The Divisional Commissioner also granted hearing to the petitioner and by order dated 12.12.2008 the appeal filed by the petitioner came to be rejected. The aforesaid rejection of the appeal and the final notification dated 29.5.2008 have not been challenged by the petitioner in this petition before us. The subject matter of challenge in the present petition is publication of the provisional notification dated 5.2.2008. Since the final notification has been issued and the aforesaid notification has been issued after observance of the procedure of law, according to us no interference is called for in the pure administrative decision of shifting the 4 Talathi Saza from village Shedgaon to village Hangewadi. Petition being sans merit is, therefore, summarily dismissed with no orders as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/1095.09wp