1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1179 OF 2009 (Shri Moreshwar s/o Narayan Katare vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : MARCH 26, 2009 Heard Shri Parsodkar, learned Counsel for the petitioner, and Shri Thakare, learned Assistant Government Pleader for the respondent nos. 1 and 2. The grievance of the petitioner is in respect of Resolution dated 28.1.2009 passed by the Gram Sabha, Zilmili whereby Zilmili Gram Panchayat is bifurcated into two, i.e. Zilmili Gram Panchayat as well as Chiraman Tola. Shri Parsodkar, learned Counsel for the petitioner, states that action of the Gram Sabha is inconsistent with Government Resolution dated 12.2.2004. It is contended that as per Clause (3) of the said Government Resolution, Gram Sabha of newly constituted Gram Panchayat is not entitled to pass resolution for division/bifurcation of Gram 2 Panchayat unless it completes two years. It is submitted that in the instant case, Zilmili Gram Panchayat, after election, was constituted on 10.11.2007 and the resolution of bifurcation of Gram Panchayat was passed on 28.1.2009, i.e. before completion of two years and, therefore, impugned resolution of the Gram Sabha is not sustainable in law. Shri Thakre, learned Assistant Government Pleader states that matter is listed for the first time today and, therefore, for want of instructions, he is unable to throw any light on the factual aspect of the matter. Be that as it may, considering the issue involved, we feel that it will be appropriate for the Collector, Gondia to consider this aspect and take a decision in accordance with law after verifying factual aspect of the matter as well as policy of the State Government reflected in Government Resolution dated 12.2.2004. For the reasons stated hereinabove, the Collector, Gondia is directed to consider the issue accordingly and take a decision on its own merits in accordance with law within a period of six weeks from the date of communication of this order by following principles of natural justice. In the 3 meantime, effect need not be given to the impugned resolution dated 28.1.2009. It is made clear that this Court has neither considered the issue on merits nor expressed any opinion one way or the other and it is for the Collector, Gondia to consider the issue accordingly. With these observations and directions, the petition is disposed of. Copy of this order, duly authenticated by the Court Sheristedar, be given to the learned Assistant Government Pleader. JUDGE JUDGE khj