JADHAV SHANKAR DYANDEO Vs. COLLECTOR AT SATARA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, learned Assistant Government for the respondent no.1 and the learned counsel for the respondent no. 2.

(2.) Counsel for the petitioners has submitted that the petitioners are project affected persons, who became landless and were rehabilitated in Village Revadi by allotting an area admeasuring about 4000 sq. ft. each. The petitioners made representation for formation of separate village of all the rehabilitated villagers as they have separate problems than the other villagers. On 6th August 1995 notification was issued by the Additional Collector by exercising power under section 4(1) of The Maharashtra Land Revenue Code, 1966 (for the sake of brevity and convenience referred to as "MLR Code") and new village by name Tambi Punarvasit came to be established. On 4th December 1999 notification in official gazette by exercising power under section 4(2) of The Bombay Village Panchayats Act, 1958 (for the sake of brevity and convenience referred to as " the BVP Act") and Article 243 (g) of the Constitution of India, 1950 (for the sake of brevity and convenience referred to as "the Constitution") was published.

(3.) It is submitted that on 12th January 2010 notice in Form 'B' under Rule 5(2) of The Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966 ((for the sake of brevity and convenience referred to as "BVP Rules, 1966") was issued by the respondent no.1 on behalf of respondent no.2 in respect of Village Panchayat Tambi. Objections were invited for proposed formation of wards. Objections were raised by the petitioners and others on 14th January 2010. Similarly notice under section 80 of the Civil Procedure Code was issued on 18th January 2010 through advocate. On 30th January 2010 impugned order was passed by respondent no.1 on behalf of respondent no. 2.