1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.688/2009 Manohar Shamrao Warhade ...Versus... Gram Panchayat (Gat), Mohagaon (Sawangi), Post Pipla Kinkhede, Tahsil Kalmeshwar, District Nagpur through its Secretary and others --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Ms S.P. Ganeshe, Adv. h/f Shri K.R. Lambat, Adv. for petitioner] [Shri S.S. Ghate, Adv. for respdt. No.1] [Smt. B.P. Maldhure, Adv. for respdt. No.3] [Smt. S.S. Wandile, AGP for respdt. No.4] CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED :- 18.10.2010 Prima facie grievance made in the present petition by the petitioner is that Gram Panchayat, Mohagaon, Tq. Kalmeshwar, District Nagpur is awarded with “Nirmal Gram Puraskar” on the ground that the said village achieved target of 100% sanitation coverage. The petitioner states that this is all incorrect and the award was obtained by misrepresentation and the village is not in fact 100% sanitation free under the said Yojana. On 11.10.2010, we made an order, directing the Tahsildar, Kalmeshwar (Court Commissioner) to carry out an inspection for a period of five days and report in a sealed envelope. Today, the report has been submitted in a sealed cover. We have seen the report which is accompanied by Compact Disc (C.D.) and some photographs. Perusal of the report clearly shows that there is no 100% sanitation coverage as claimed by the Gram Panchayat, Mohagaon. The report on the contrary shows that population of village is 1147 and there are 211 houses out of which houses of B.P.L. holders are 75 and 45 out of the same are only having toilets and therefore, 30 house 2 owners do not have any toilets. The houses of B.P.L. holders are 136 out of which 105 houses have the said facility and 31 houses do not have any such facility. It is then stated that there is a common toilet in the village but it is not used by anybody, the same being in worst condition. The Tahsildar has made inspection from 13.10.2010 for five days and the report shows that defecation was on both sides of the road. The report thus to our mind prima facie shows that there is a substance in the contentions raised in the petition by the petitioner. In view of above, we make the following order. O R D E R (i) Chief Executive Officer, Zilla Parishad, Nagpur is directed to peruse the said report and other accompaniments and take a spot inspection in village Mohagaon so also other villages as he finds necessary and prepare a report and submit the same to this Court within a period of eight weeks from today. At the same time, the Chief Executive Officer, Zilla Parishad, Nagpur shall proceed to take further action after his enquiry is completed and submit to the State Government and file compliance report in this Court about action taken. (ii) The Chief Executive Officer, Nagpur to place action taken report on the record of this Court within a period of ten weeks from today. Sealed cover report is returned back to the learned A.G.P. for being handed over to the concerned Tahsildar, who is present in the Court. Writ Petition is disposed of. No order as to costs. Steno copy of this order be supplied to the parties as per rules. JUDGE JUDGE SSW