1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5225 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. G.N.Chincholikar, Counsel for Petitioner. Smt. S.S. Autade, A.G.P. for State. Mr. P.B. Rakhunde, Counsel for Respondent No. 4. .......................... [ CORAM : K.K. TATED, J. ] DATE : 11th AUGUST,2009 1. Heard Mr. G.N.Chincholkar, learned Counsel appearing on behalf of Petitioner, Smt. S.S. Autade, learned A.G.P. appearing on behalf of State and Mr. P.B. Rakhunde, learned counsel for Respondent no. 4. 2. Rule. Rule returnable forthwith. 2 3. The present petition under Article 227 of the Constitution of India is filed by the original Respondent no. 1 challenging the Order dated 14/7/2009 passed by the Additional Collector, Nanded in Case No. 209/GB/Desk – 1/GRAPANI/Appeal-6 holding that petitioner violated the mandatory provisions of Section 7 and 36 of the Bombay Village Panchayat Act, 1968. Learned Additional Collector, Nanded held that petitioner failed to conduct two Gram Sabha and two monthly meetings for the year 2008 – 2009. The said conclusion reached by the Additional Collector on the basis of the report submitted by Gram Sevak i.e. Respondent No. 3 on 3/2/2009. The learned counsel appearing on behalf of petitioner submitted that actually the petitioner held monthly meeting on 20/2/2009 and 26/3/2009 as well as Gram Sabha on 21/2/2009 and 26/3/2009. In support of his 3 contention, he annexed Certificate issued by Respondent no. 3 dated 15/7/2009. 4. It is crystal clear from the record and from the impugned Order passed by the Additional Collector, Nanded that these two meetings were not reflected in a report submitted by Respondent no. 3 dated 3/2/2009. Therefore, matter is remanded back to the Additional Collector, Nanded for deciding afresh after giving hearing to both the sides and after considering the Certificate dated 15/2/2007 issued by Respondent no. 3. 5. In view of above facts and circumstances, the Order dated 14/2/2009 passed by Additional Collector, Nanded is set aside and matter is remanded back for fresh hearing. It is expected from the Additional Collector, Nanded to decide the matter as early as 4 possible, but in any case within four weeks from today. Learned A.G.P. to inform this Order to the authority. Rule is made absolute accordingly. Writ Petition disposed of. Parties to act on the authenticated copy to be certified by the Court Shirastedar. [ K.K. TATED, J. ] knp/WP5225.09