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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.G.AVACHAT, NEERAJ P.DHOTE
Raman Ramsingh Pawar – Appellant
Versus
State of Maharashtra, Through its Principal Secretary, Rural Development Department – Respondent
| Table of Content |
|---|
| 1. parties involved in the writ petition. (Para 1) |
| 2. constitution of panchayats under article 226. (Para 2 , 3) |
| 3. petitioner argues against the bifurcation of panchayat. (Para 4) |
| 4. state justifies notification based on law compliance. (Para 5) |
| 5. population determines naming of new panchayat. (Para 12 , 13) |
| 6. governor's power in executing panchayat formation. (Para 14) |
| 7. writ petition dismissed. (Para 15) |
ORDER :
NEERAJ P. DHOTE, J.
1. Heard finally at the stage of admission with consent of both the sides.
2. By this Writ Petition invoking jurisdiction under article 226 of the Constitution of India, the Petitioners, who are the residents of Village Burudkhe, Taluka Sakri, District Dhule, have raised the challenge to the Notification dated 17th June, 2022, issued by Respondent No.1 – State Government, constituting the two (2) Panchayats by name Panchmauli and Pinjarzadi.
3. The admitted factual aspects giving rise to the present Writ Petition are as follows :
(I) The Burudkhe Panchayat was constituted on 31st March, 1959, comprising the Revenue Villages - Burudkhe, Pinjarzadi, Sabarsonda, and Panchmauli, in Sakri Taluka of District Dhule. Subsequently, Village Burudkhe was
The Notification bifurcating Panchayats complied with legal requirements, affirming that restructuring aligns with constitutional mandates without necessitating Presidential assent as per the relevan....
State Government would thereafter consider the recommendation, and, in its discretion make a decision under Section 7(2) of the Act.
Section 7 of Act, 1993 is only with regard to effective consultation with Gram Panchayat. Meaning thereby that if Gram Panchayat is not agreeable with merger then it is for State Government to decide....
Exclusion of local area from a municipal area.- (1) Any inhabitant of a municipal area or local area in respect of which a notification has been published under section 6 may, if he objects to the ex....
Conversion of Gram Panchayat to Nagar Panchayat is a legislative function, not requiring consent from the Gram Panchayat, provided statutory processes are followed, ensuring public welfare is priorit....
The legitimacy of administrative classifications must be challenged timely; clerical errors do not invalidate established orders regarding Scheduled Areas.
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