1 wp755.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.755/2009 (Premraj Panchabhai & others ..V/s.. State of Maharashtra & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. R. Patil, counsel for petitioner. Mr. C.N. Adgokar, A.G.P. for respondent no.1. Mr. M.M. Sudame, counsel for respondent nos.2, 5 and 6. Mr. Anand Parchure, counsel for respondent no.3. CORAM : D.D. SINHA & F.M. REIS J. DATE : 6 th NOVEMBER , 2009 . Heard Mr. Patil learned counsel for petitioner, Mr. Adgokar learned A.G.P. for respondent no.1, Mr. Sudame learned counsel for respondent nos.2, 5 and 6 and Mr. Parchure learned counsel for respondent no.3. Grievance of the petitioner is in respect of borewell required to be constructed by Grampanchayat of village Yenikoni. Learned counsel for petitioner has contended that though sum of Rs.1,00,000/- was sanctioned for the said purpose however, that has been misused by the authorities and therefore, the petitioner has approached this Court. It is contended that the authorities instead of constructing borewell misused the funds and which has resulted in causing loss to the public exchequer and therefore, the authorities should be taken to task and punished according to law. Mr. Sudame learned counsel for Zilla Parishad, Nagpur - respondent no.8 has submitted that affidavit on behalf of respondent nos.2, 5 to 8 has been filed in which it is 2 wp755.09.odt stated that the Block Development Officer conducted inquiry in the matter and found that the amount of Rs.1,00,000/- was sanctioned for the construction of borewell out of which amount of Rs.99,980/- is spent for said purpose. It is contended that the the site was inspected by Sub-Divisional Officer in presence of petitioner nos.1 and 4 and the work was completed as per rules. It is further contended that then existing Sarpanch and Secretary of the Grampanchayat was informed the Sub-Divisional Engineer, Katol that they had completed work of water supply scheme. Then Sub-Divisional Engineer, Katol directed the respondent no.6 to inspect the site for taking measurement and after visiting the site, the then existing Sarpanch and Secretary of the Grampanchayat had shown the work which was completed and therefore measurement was taken accordingly for valuation purpose by respondent no.6 and according to the measurement the same was shown in Grampanchayat measurement book No.2323. Mr Sudame therefore contended that the allegations made by the petitioner are misconceived. On the backdrop of the above referred facts, it appears that the amount which was sanctioned appears to have been spent for the construction of borewell and therefore, prima facie, we are of the view that no case is made out for showing indulgence. Writ petition is dismissed accordingly. JUDGE JUDGE Tambaskar.