1 W.P. No.11632 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.11632 of 2010 Hari Limji Patil. .. Petitioner. Versus State of Maharashtra & Others. .. Respondents. -------- Shri. M.M. Bhokarikar, Advocate, for petitioner. Shri. S.K. Kadam, Assistant Government Pleader, for respondent No.1 to 4. Shri. U.S. Malte, Advocate, for respondent No.7. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE : 20th DECEMBER 2011 PER COURT : 1) Heard. 2) The petitioner claims to be Up-Sarpanch of Village Panchayat Lonkheda, Taluka Shahada, District Nandurbar. According to the petitioner the village comes under the scheduled area. The petitioner claims benefit under the scheme namely, "Thakkar Bappa Adiwasi Vasti Sudharana Ekatmik Karyakram" 2 W.P. No.11632 of 2010 3) Consequent to the notice issued, the State authorities filed affidavit-in-reply. Para 6 of the reply reads thus: “6. I say that, the village Lonkheda is under scheduled tribe area since 1985, which was duly notified by the Government Resolution dated 9-3-1990 and the State Government has not amended the tribal status of existing villages hence, there will not be any change in respect of ward formation. The aggrieved persons had alternate remedy to approach the State Government raising their objections for de-notifying of the village Lonkheda as schedule tribe area and only the State Government can consider the objections of the aggrieved villagers, his geographical, social and economical conditions of the village Lonkheda.” From the reply it is clear that village Lonkheda comes under the scheduled area since the year 1985. The petitioner is claiming benefit of the “Thakkar Bappa Adiwasi Wasti Sudharana scheme” under Government Resolution dated 3rd June 2004. 4) We direct the Government to consider the case of Lonkheda village for granting appropriate benefits under the Government Resolution dated 3rd June 2004. The State is entitled to hear the Sarpanch, the Up- Sarpanch or any other responsible persons from the said 3 W.P. No.11632 of 2010 village before passing final order. The State shall pass final order within 6 months from today strictly in accordance with the Government policy. The writ petition is disposed of. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl