JAYAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Learned Government Pleader waives service for respondents Nos.1 to 3, learned advocate Mr. D.P. Palodkar waives service for respondents No.6 and learned advocate Mr. V.P. Deshmukh waives service for respondents Nos.4 and 5. At the joint request of the parties, the matter is heard finally at the stage of admission.

(2.) By invoking the powers of this Court under Article 226 of the Constitution of India the petitioners who are the members of the District Planning Committee, Jalna constituted under Article 243 ZD of the Constitution of India read with the provisions of the Maharashtra District Planning Committees (Constitution and Functions) Act, 1998 (herein after the DPC Act) initially impugned the circular dtd. 4/7/2022 issued by the Principal Secretary of the Planning Department - respondent No.2 and the office note dtd. 18/7/2022 put up by the Chief Secretary of the Administration Department of the State - respondent No.1 whereby under the purported exercise of the powers under Sec. 12 of the DPC Act the administrative approvals granted by all the DPCs across the State for the District Development Plan (General) 2022-23 approved from 1/4/2022 have been stayed. The office note dtd. 18/7/2022 put up by the Chief Secretary of the State Government on the instruction of the Chief Minister inter alia directs the concerned department of the Government to stay the projects under various schemes including the District Development Plans wherever tenders were not floated, to put up appropriate proposal before the competent authorities.

(3.) During pendency of the writ petition, in view of the supervening event the Hon'ble Guardian Minister of Jalna by his communication dated 7. 11.2022 addressed to the respondent No.4 Chief Executive Officer of Zilla Parishad, Jalna issued a direction to take appropriate steps for modification/change in the works to be done as per the approved District Development Plan of the year 2021-22 in respect of the works to be undertaken by the Zilla Parishad wherever the works have not started and tenders have not been issued, according to the list enclosed thereto. By way of amendment the petitioners have even impugned this communication dtd. 7/11/2022.