1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 3. WP/8654/2009 (NARAYAN POTANNA ADMAKALWAR AND ANR V/S STATE OF MAH AND ORS) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. P.R.Katneshwarkar, Adv., h/f Mr.G.R.Ingole, Adv., for the petitioner. Mr. V.G.Shelke, AGP for respondent State. Mr.G.N.Chincholkar, Adv., for respondent. ... CORAM: K.U.CHANDIWAL, J. DATE:12/10/2010 1. Heard. It is unfortunate that when the learned Additional Collector, Nanded, while, recording order dt.14.7.2009 informs ( Page No.95 of paper book) that he has verified original record and based on such verification, he informs about the deficiency of holding the Village Meetings ( Gram Sabha), monthly meetings ( Masik Sabha) of the Gram Panchayat, Dundra, taluka Kinwat, Dist.Nanded. This order was questioned by respondent no.5 before this Court in Writ Petition 2 No.5225/2009. Annexed with the writ petition, a certificate dt. 15.7.2009 ( Exh.B, page 43) was tendered which indicated that respondent no.5 has held Village Meetings (Gram Sabha) on 21.2.2009 and 26.3.2009. It was based on this certificate, the learned Single Judge, by order dt. 11th August, 2009, by making specific observations in paragraph no.4 of the order, remitted the matter to the respondent authorities i.e. the learned Additional Collector, Nanded, for deciding afresh, after giving hearing to both the sides. After remittance of the matter to the learned Additional Collector, Nanded, he has virtually travelled beyond the scope to accept the genuineness of the certificate dt. 15.7.2009. The learned Collector primarily should not have been oblivious to the two certificates dt.13.8.2009 and 14.8.2009 of the concerned Gram Sevak of the said Gram Panchayat, who had certified of not having issued any certificate dt.15.7.2009. Since 3 the certificate itself was questioned, and under cloud, the observation of the learned Collector dt.15.9.2009 in para 2 is uncalled for. 2. The learned Additional Collector will have to evaluate the original record and ascertain himself about the meetings; whether they were held on the dates so indicated by respondent no.5. This will be certainly in tune with the earlier verification of the record by the Additional Collector, Nanded. 3. The learned Additional Collector is expected to record a finding after his satisfaction of proof of conducting such mandatory meetings and then pass appropriate orders. Learned Additional Collector shall provide opportunity to the petitioner as also to the respondent no.5 to present their respective contentions. The inquiry to be conducted expeditiously. Both the parties to appear before the learned Additional Collector, Nanded, on 16th Nov.,2010. 4 4. Writ Petition allowed to the extent as indicated above. (K.U.CHANDIWAL) JUDGE ... AGP/8654-09wp