1 wp5958-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5958 OF 2010 Shri Pralahad Nagnath Rakhunde ..Petitioner. V/s. The Collector, Solapur & Ors. ..Respondents. Mr. Rahul Kadam for petitioner. Mrs. M.P. Thakur, A.G.P. for respondent No.1. Mr. Mohan B. Jadhav i/b. Rajesh Jadhav for respondent Nos.4 to 7. Mr. Sachindra B. Shetye for respondent No.8. CORAM : B.H. MARLAPALLE AND U.D.SALVI, JJ. DATED : 8TH OCTOBER, 2010 P.C. :- 1. We have heard Mr. Kadam, the learned counsel for the petitioner. In this petition filed under Article 226 and 227 of the Constitution of India, the petitioner prays for quashing and setting aside of the order dated 19/07/2010 as well as earlier order dated 30/01/2010 and for further direction that the names of voters in Bitargaon as Sardewasti and Rakhundewasti be continued as voters for Village Panchayat, Bitargaon (Ward No.3). 2 wp5958-10 2. It is the case of the petitioner that till the elections were held for the Village Panchayat of Bitargaon, the citizens of these Wastis, Sardewasti and Rakhundewasti were voters in Ward No.3 of Village Bitargaon and by the impugned orders, they have been added in Ward No.6 of Village Panchayat, Wangi. As per the petitioner, this act of the concerned officer is illegal and the Election Officer acted without jurisdiction. The petitioner had approached this Court earlier in Writ Petition Nos.3530 of 2010, 1667 of 2010 and 3545 of 2010. These petitions were disposed off by a common order on 18/6/2010 and the impugned order dated 30/01/2010 was set aside and the matter was remanded back to the Collector, Solapur for fresh inquiry. The Collector by a fresh order dated 19/07/2010 has reitereated the earlier decision that Sardewasti and Rakhundewasti have been rightly included in village Panchayat, Wangi by deleting their names from Ward No.3 of Village Panchayat, Bitargaon. 3. It is not in dispute that all the residents of these two Wastis (hamlets) are originally residents of village Bitargaon. However, on account of acquisition of their lands for Ujjani Dam, they were required to be resettled. The Government allotted them lands in the village limits of Wangi and even they were provided with houses within the limits of village Wangi They have been paying taxes to Village Panchayat, Wangi. It is also not in dispute that the distance of these two Wastis is 3 wp5958-10 about 9 kms. from Village Bitargaan The Collector noted that the residents of these two Wastis, despite the fact that they had been relocated and rehabilitated in village Wangi, continued as voters in Ward No.3 of Bitargaon village, therefore, by his order dated 30/01/2010 which was based on the Resolution passed by Bitargaon village Panchayat on 26/01/2010, deleted the names of the residents of these two Wastis and added them in Ward No.6 of Wangi Village Panchayat. After the said order was set aside by this Court, he was directed to hear the objections of the residents and he accordingly considered the issue afresh and reiterated the inclusion of these two Wastis within the village Panchayat of Wangi as voters. 5. The learned counsel for the petitioner urged before us that other three Wastis are also not located within a shorter distance from village Bitargaon, but they have been continued as part of village Panchayat Bitaqrgaon. According to him, there was no justification in deleting only these two Wastis. We do not find any force in this argument and the decision taken by the Collector afresh, in terms of the impugned order dated 19/07/2010, cannot be faulted as being illegal or erroneous. 6. Hence the petition is rejected. (U.D.SALVI, J.) (B.H. MARLAPALLE, J.)