1 wp10378.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10378 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. A.B. Girase, Advocate for petitioner. Mr. K.J. Ghute-Patil, A.G.P. for respondent nos.1 to 4. Mr. P.S. Patil, Advocate for respondent nos.5 and 6. 1. Heard Advocate Mr. A.B. Girase for petitioner, learned A.G.P. for respondent nos.1 to 4 and Advocate Mr. P.S. Patil for respondent nos.5 and 6. 2. The contention of Advocate Mr. Girase is, by the impugned communication dated 06.10.2010, the Deputy Chief Executive Officer of Zilla Parishad, Nandurbar has directed the respondent no.7 to institute complaint for criminal offence against the petitioner under Section 179 of the Bombay Village Panchayat Act. According to learned Counsel, the said provision operates in all together different circumstances and in any case, the 2 wp10378.10 respondent no.5-Chief Executive Officer and respondent no.6-Deputy Chief Executive Officer have no role to play under it. The impugned communication is therefore ultra vires and needs to be quashed and set aside. 3. Learned A.G.P. supports the impugned order. 4. Perusal of the impugned communication shows that it is on the subject of filing of criminal complaint against the petitioner as required by Section 179 of the Bombay Village Panchayat Act, 1958. In reference, three earlier letters are mentioned. Text of the communication shows that the action under Section 179 of the Bombay Village Panchayat Act, 1958 was proposed by Block Development Officer because of receipt of some complaints against the petitioner by District Committee for removal of corruption. The records relevant for said purpose were not handed over by petitioner, and therefore, action under Section 179 of Bombay Village Panchayat Act was proposed against him. Some report was called for and that report was not received. The communication also mentions that relevant details in this respect were not received from the office of respondent no.7. Because that report was not received, the Deputy Chief Executive Officer has directed the Block Development Officer to file criminal complaint against the petitioner and to submit compliance accordingly. The compliance is sought for its reporting in the next meeting 3 wp10378.10 of the Committee for removal of corruption at District level. 5. Learned Counsel for petitioner has pointed out that Section 179 of the Bombay Village Panchayat Act contemplates opinion of Collector and Collector has to pass the written order asking the petitioner to deliver the record of Gram Panchayat. If the record is thereafter not delivered, the Collector may cause him to be apprehended and may send him with a warrant in such form as may be prescribed, to be confined in a civil jail till delivery of records. Sub-Section (3) vide its clause (a) contemplates action for recovery of money and by its clause (b), action for recovery of record by issuing search warrant. The Collector under that provisions can exercise all such powers with respect to recovery of record as may lawfully be exercised by a magistrate under the provisions of Chapter VII of the Code of Criminal Procedure Code. 6. Perusal of impugned order itself reveals that it does not contemplate any of actions under Section 179. The Deputy Chief Executive Officer in capacity as administrative head has directed the respondent no.7 to file the police complaint in the matter. How filing of police complaint is prohibited under the Bombay Village Panchayat Act is not demonstrated by the petitioner. I therefore do not find any jurisdictional error or perversity in such direction to register the police complaint against 4 wp10378.10 the petitioner. The Writ Petition is rejected. (B.P. DHARMADHIKARI) JUDGE. 18.01.2011 gas/wp10378.10