AVINASH RAMKRISHNA KASHIWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent of the learned counsel appearing for the parties.

(2.) The present public interest litigation has been filed by the residents of Sadak-Arjuni, praying for quashing and setting the Notification dated 26.07.2013 issued by respondent no.1 in respect of location of Sub Division at Morgaon-Arjuni.

(3.) The petitioners are the residents of Sadak-Arjuni in Gondia district. In the year 2000, Gondia district was carved out from the erstwhile Bhandara district, After carving out Gondia district from Bhandara, it has 8 talukas. It had only two Sub- Divisions viz. Gondia and Deori. Gondia Sub-Division was consisting of four Talukas i.e. Tiroda, Morgaon-Arjuni, Goregaon and Gondia, whereas Deori Sub Division was consisting of Deori, Sadak- Arjuni, Amgaon and Sakekasa talukas. There was demand from various quarters for having more Sub-Divisions. In response to the said demand, the State Government published a Notification on 26/28th June, 2012 in exercise of powers under Section 4 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "the Code" for short) thereby proposing to constitute a separate Sub-Division for the talukas of Sadak-Arjuni and Morgaon-Arjuni and notifying the location of the said Sub-Division to be at Sadak-Arjuni. However, by the final Notification dated 26.07.2013 though the separate Sub-Division has been constituted for the Talukas of Sadak-Arjuni and Morgaon-Arjuni, the location of the headquarter is notified at Morgaon Arjuni and not at Sadak-Arjuni. Being aggrieved thereby, the present public interest litigation is filed.