( 1 )

wp 10275.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 10275 OF 2016

Jaysing Narayansing Girase and others

.. Petitioners

Versus

The State of Maharashtra and others

..

Respondents

Shri. B. R. Waramaa, Advocate for Petitioners.

Shri. S. K. Tambe, A.G.P. for Respondent Nos. 1 and 2.

The Respondent No. 3 served.

CORAM : S.V. GANGAPURWALA AND

R. G. AVACHAT, JJ.

DATED : 25

th October, 2018

PER COURT:

.

Present writ petition is filed by the villagers of village Divi, Varpade

and Sonshelu Tal. Shindkheda. The grievance of petitioners is that the

tender notice issued for up-gradation work of Arave-Jakhane road in

Shindkheda Taluka is in contravention of Mukhya Mantri Gram Sadak

Yojna (MMGSY) scheme. The said road is upgraded only with an

intention to extend personal facility to the Respondent No. 6 and that too

with ill intention to defeat lawful need of petitioners. The petitioners

( 2 )

wp 10275.16

further seek direction against the respondents to conduct survey of road

in Shindkheda Taluka as per the scheme dated 28.05.2016 and implement

the Mukhya Mantri Gram Sadak Yojna (MMGSY) scheme.

2.

Mr. Waramaa, the learned counsel submits that the road that is

undertaken for up-gradation is at Serial No. 4 in the priority list . The

road shown at Sr. No. 1 in the priority list is ignored. The details are

given by the petitioners about necessity of up-gradation of the road. It is

only to favour the Respondent No. 6, the road near to the agricultural

land of the Respondent No. 6 is undertaken. The Respondent No. 6 has

exercised his influence. The learned counsel submits that the priority

road at Serial No. 1 has been ignored. In fact there is necessity for

Sindhkheda - Varpade road to be upgraded immediately. Minimum thirty

minutes travel time is required. The population of Varpade is Five

Thousand. Even the road from village Bhadane to Hatnoor to Salwe is in

worst condition. Only one Secondary School is situated between village

Salve and Hatnoor. They are separate by 4 K.M. The condition of the

road is bad. Same is condition of road from Warsus to Akkadsa and

Shindkheda to Warsus and Amalthe to Warpade and Shindkheda to

Nirgudi. There is no reason for the respondents to jump the priority list.

It is only to favour the Respondent No. 6, who was also the member

( 3 )

wp 10275.16

of the District Selection Committee, the work was undertaken. The

respondents be directed to conduct the survey of roads in Shindkheda

Taluka as per the scheme.

3.

The learned Assistant Government Pleader submits that the

District Selection Committee is constituted. The State Government

introduced the scheme for the calculation of marks as per the Government

Resolution dated 11.12.2015. The comprehensive up-gradation of priority

list is prepared. Jakhane road is at Sr. No. 2 in the order of merit and the

road in demand by the petitioners is at Serial No. 5. The proposal was

placed before the District Selection Committee headed by the Guardian

Minister. The District Selection Committee after considering

comprehensive merit list recommended and selected four roads in the

order of merit that is Ghusare, Jakhane, Warpade and Vadode. The

approval is granted vide Government Resolution dated 10.03.2016. No

illegality is committed.

4.

We have considered the submissions canvassed by the learned

counsel for respective parties.

5.

In matters of such nature, the scope of judicial review would be in

( 4 )

wp 10275.16

narrow compass. The same would be restricted to the adherence of

decision making process.

6.

No doubt, the welfare state has to consider the needs of its citizens

with regard to the infrastructure and it is responsibility of the State and

it's authorities to provide basic necessary infrastructure.

7.

The Mukhya Mantri Gra