Case Note & Summary
The petitioners, Bapu Ukha Mali and Dattatraya Vasant Bachhav, residents of Dahivel village in Sakri taluka, Dhule district, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High Court at Aurangabad. They alleged large-scale irregularities in certain government works in their village. The petitioners had previously raised the grievance before the local authority, and the Extension Officer of the Gram Panchayat, Panchayat Samiti, Sakri, issued a show cause notice dated 16/8/2017 to the Sarpanch and Gram Sevak of Gram Panchayat, Dahivel, calling for explanations regarding mischief in submitting project reports, expenditure without compliance of necessary formalities, and exceeding the grants for development activities. The petitioners sought a direction for an inquiry into these irregularities. The court, after hearing the submissions of the petitioners' counsel, Mr. N.B. Suryawanshi, and the Assistant Government Pleader, Mr. S.M. Ganachari, for the respondent State, disposed of the petition by issuing directions. The court directed the respondents to conduct an inquiry into the allegations made in the petition and take appropriate action in accordance with law. The court clarified that it had not expressed any opinion on the merits of the case. The petition was disposed of with no order as to costs.
Headnote
A) Public Interest Litigation - Inquiry into Irregularities - Government Works - The petitioners, residents of Dahivel village, alleged large-scale irregularities in government works and sought an inquiry. The court, considering the grievance, directed the respondents to conduct an inquiry into the allegations and take appropriate action in accordance with law, without expressing any opinion on merits. (Paras 1-4)
Issue of Consideration
Whether the court should direct an inquiry into alleged large-scale irregularities in government works at Dahivel village and ensure appropriate action.
Final Decision
The court disposed of the petition by directing the respondents to conduct an inquiry into the allegations made in the petition and take appropriate action in accordance with law. No order as to costs.
Law Points
- Public Interest Litigation
- Inquiry into irregularities
- Government works
- Local authorities
- Show cause notice
- Compliance with formalities
Case Details
2018 LawText (BOM) (12) 32
PUBLIC INTEREST LITIGATION NO.146 OF 2018
PRASANNA B. VARALE, MANGESH S. PATIL
Mr. N.B. Suryawanshi i/b S.N. Suryawanshi for petitioners, AGP Mr. S.M. Ganachari for respondent State
Bapu S/o Ukha Mali and Dattatraya s/o Vasant Bachhav (Patil)
The State of Maharashtra through Secretary, Rural Development Deptt., Superintendent of Police, Anti Corruption Bureau, Nashik Region, The Divisional Commissioner, Nashik Division, The Collector, Dhule, The Zilla Parishad, Dhule through its Chief Executive Officer, The Executive Engineer, Works Division, Zilla Parishad, Dhule, The Block Development Officer, Panchayat Samiti, Sakri, Grampanchayat, Dahivel through its Sarpanch/Gramsevak
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Nature of Litigation
Public Interest Litigation under Article 226 of the Constitution of India seeking inquiry into alleged irregularities in government works.
Remedy Sought
The petitioners sought a direction for an inquiry into the alleged large-scale irregularities in government works at Dahivel village.
Filing Reason
Alleged large-scale irregularities in government works, including mischief in submitting project reports, expenditure without compliance of necessary formalities, and exceeding grants for development activities.
Previous Decisions
A show cause notice dated 16/8/2017 was issued by the Extension Officer to the Sarpanch and Gram Sevak of Gram Panchayat, Dahivel, calling for explanations.
Issues
Whether the court should direct an inquiry into the alleged irregularities in government works at Dahivel village.
Submissions/Arguments
The petitioners' counsel submitted that there were large-scale irregularities in certain government works, and a show cause notice was issued but no further action was taken.
Ratio Decidendi
In a Public Interest Litigation, if there are allegations of irregularities in government works, the court may direct the authorities to conduct an inquiry and take appropriate action in accordance with law, without expressing any opinion on merits.
Judgment Excerpts
Considering the grievance raised and the cause espoused in the Petition, considering submissions of learned counsel Mr.Suryawanshi, we are of the opinion that the Petition can be disposed of by issuing directions.
We direct the respondents to conduct an inquiry into the allegations made in the petition and take appropriate action in accordance with law.
Procedural History
The petitioners filed a Public Interest Litigation before the Bombay High Court at Aurangabad. The court heard the petitioners' counsel and the AGP for the State. The court disposed of the petition on 05/12/2018 by issuing directions for inquiry.
Acts & Sections
- Constitution of India: Article 226
