Bombay High Court Disposes of Petition on Khawati Karz Scheme Implementation for Tribal Areas. Government's undertaking to implement pilot scheme in Dharni during 2010-2011 accepted as sufficient redressal.

High Court: Bombay High Court Bench: NAGPUR
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Case Note & Summary

The petitioner, Dr. Madhukar Gumble, Director of Apeksha Homoeo Society, filed a writ petition before the Bombay High Court at Nagpur Bench seeking implementation of the Khawati Karz Scheme in tribal areas. The respondents included the State of Maharashtra, Tribal Commissioner, Managing Director of Maharashtra State Cooperative Tribal Development Corporation, and others. During the hearing, the Additional Government Pleader referred to an affidavit of Dr. P.S. Meena, Principal Secretary to the Government, dated 26/2/2010, stating that the government proposed to implement the Khawati Karz Scheme through the Public Distribution System on a pilot basis in Dharni during 2010-2011, and after seeing results, expand to other tribal areas. The deponent also stated that a government resolution would be issued within 15 days and the scheme would be completed by 31.5.2010. The court accepted this statement and found that it substantially redressed the petitioner's grievances. Accordingly, the rule was disposed of in the above terms.

Headnote

A) Public Interest Litigation - Government Scheme Implementation - Khawati Karz Scheme - The petitioner sought implementation of the Khawati Karz Scheme in tribal areas. The government filed an affidavit stating it would implement the scheme on a pilot basis in Dharni during 2010-2011 and expand thereafter. The court accepted the statement and disposed of the petition as grievances were substantially redressed. (Paras 2-3)

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Issue of Consideration

Whether the grievances of the petitioner regarding implementation of the Khawati Karz Scheme in tribal areas have been redressed by the government's proposal to implement a pilot project in Dharni.

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Final Decision

Rule disposed of as the government's statement on affidavit substantially redressed the petitioner's grievances.

Law Points

  • Public Interest Litigation
  • Government Scheme Implementation
  • Affidavit Undertaking
  • Disposal of Petition
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Case Details

2010 LawText (BOM) (03) 177

Writ Petition No.3342 of 2007

2010-03-03

S.A. Bobde, Smt. Vasanti A. Naik

Shri F.T. Mirza for petitioner, Smt. B.H. Dangre, Additional Government Pleader for respondents 1,2,5 & 6

Dr. Madhukar Gumble, Director, Apeksha Homoeo Society

State of Maharashtra through Secretary, Tribal Welfare Department; Tribal Commissioner, Nashik; Managing Director, Maharashtra State Cooperative Tribal Development Corporation Ltd., Nashik; Regional Manager, Tribal Welfare Corporation Regional Office, Dharni Amravati; Collector, Amravati; Additional Commissioner, Tribal Development, Amravati; The National Cooperative Consumer's Federation of India Ltd.

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Nature of Litigation

Writ petition seeking implementation of Khawati Karz Scheme in tribal areas.

Remedy Sought

Implementation of the Khawati Karz Scheme in tribal areas.

Filing Reason

Non-implementation of the Khawati Karz Scheme in tribal areas.

Issues

Whether the government's proposal to implement the Khawati Karz Scheme on a pilot basis in Dharni redresses the petitioner's grievances.

Submissions/Arguments

The Additional Government Pleader referred to an affidavit stating the government would implement the scheme on a pilot basis in Dharni during 2010-2011 and expand thereafter.

Ratio Decidendi

The court accepted the government's undertaking to implement the Khawati Karz Scheme on a pilot basis in Dharni, finding it sufficient to redress the petitioner's grievances, and disposed of the petition.

Judgment Excerpts

We find that this has substantially redressed the grievances of the petitioner and accordingly rule is disposed of in the above terms.

Procedural History

The writ petition was filed in 2007. On 3rd March 2010, the court heard the matter and disposed of it based on the government's affidavit.

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High Court Bombay High Court Disposes of Petition on Khawati Karz Scheme Implementation for Tribal Areas. Government's undertaking to implement pilot scheme in Dharni during 2010-2011 accepted as sufficient redressal.