1 WP 5019/10 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5019 OF 2010 Shankar Bhauso Shinde & Ors. .. Petitioners V/s State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 5134 OF 2010 Anil Laxman Nalavade .. Petitioner V/s State of Maharashtra & Ors. .. Respondents Mr. P.B. Deo for the petitioners. Mr. V.S. Gokhale, A.G.P. for respondent nos.1, 2, 4 and 5. Mr. R.D. Rane for respondent no.3. CORAM : B.H. MARLAPALLE & N.D. DESHPANDE JJ. DATE : 17TH SEPTEMBER 2010 P.C. : 1. Heard Mr. Deo, learned counsel for the petitioners and Mr. Rane, learned counsel for the respondent – Zilla Parishad. Learned A.G.P. appears for respondent nos.1, 2, 4 and 5. 2 WP 5019/10 2. Both these petitions have a common challenge to the recovery proceedings initiated by the Zilla Parishad and the subsequent notices of execution and attachment issued by the Collector/Tahsildar under the Maharashtra Land Revenue Code and, therefore, the petitions are being decided by this common order. 3. On 21st March 2004, there was an agreement between the respondent no.3 – Zilla Parishad and Village Panchayat of Dhavaleshwar over the implementation of Jalaswarajya Scheme and the scheme included water sourcing well, two pump sets, switch room, rising main (pipeline from well to tank) R.C.C. Elevated storage reservoir of 70000 litres, distribution system, sanitation works including new R.C.C. gutters, repairs of gutters, nadap, etc. The scheme was completed and it is operational as of now. The population of about 2000 is benefitted by the scheme. 4. In November 2007, a new body of Village Panchayat Dhavaleshwar was elected and it took charge of the scheme. Funds were released on 30th May 2008 for further work of the scheme and there were no objections whatsoever in regard to 3 WP 5019/10 the work already completed. On 24th December 2008, respondent no.3 issued a show cause notice to the petitioner no. 1 about the alleged misappropriation in the scheme and subsequently the Zilla Parishad appointed an expert from the Walchand Engineering College at Sangli for inspection of the scheme. The expert’s report was submitted and based on the said report, the Zilla Parishad addressed the letter dated 4th June 2009 to petitioner no.1 calling upon him to pay an amount of Rs. 11,24,409/-. Another letter dated 8th June 2009 was also issued to the petitioner no.1 allegedly on the basis of the Legislative Assembly Question No. 111266. A copy of the expert’s report was made available to the petitioner no.1 on 19th June 2009 and it was pointed out that the report was favourable to the petitioners. However, by an order dated 27th January 2010, the Zilla Parishad ordered the recovery and consequently the notices were issued under the Maharashtra Land Revenue Code which have been impugned in these petitions. 5. Mr. Rane, learned counsel appearing for the Zilla Parishad has placed before us a copy of the letter dated 2nd August 2010 he has received from the Zilla Parishad. As per the said letter, the dispute of recovery was required to be referred to the Tribunal constituted under section 141-A of the Maharashtra 4 WP 5019/10 Zilla Parishad and Panchayat Samiti Act, 1961 and by its notification dated 24th March 1971, the Government of Maharashtra has appointed the Collector of Satara as a Tribunal under the said section. The Zilla Parishad having realised this statutory requirement of referring the recovery dispute to the Tribunal has now decided to take fresh steps and not to press for the earlier orders of recovery and the notices issued by the Tahsildar under the Maharashtra Land Revenue Code. 6. The petitioners have placed before us written undertakings to the effect that they shall not alienate or create any third party interest in their respective immovable property located at village Dhavaleshwar, Taluka Khalapur, District Sangli during the pendency of the proceedings before the Tribunal. The property of the petitioner in Writ Petition No.5184 of 2010 is located at village Lingnur, Taluka Miraj, District Sangli. Undertakings, which are taken on record and marked “X” for identification, are accepted. 7. Hence, by consent these petitions are allowed in terms of prayer (d). We direct the Zilla Parishad to refer the recovery dispute to the Tribunal as constituted under section 141-A of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 5 WP 5019/10 1961within a period of 2 weeks from today and the Tribunal will conclude the proceedings as expeditiously as possible and in any case within 3 months from the first date on which the party appears before it. As the written undertakings have been placed on record and accepted by us, attachment/charge on any of the suit properties stands removed. (N.D. DESHPANDE, J.) (B.H. MARLAPALLE, J.)