Jai Jagdamba Bhauuddeshiya Sanstha Sarjapur And ORS. v. State Of Maharashtra And ORS.
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1350 OF 2016 Jai Jagdamba Bhauuddeshiya ... Petitioners Sanstha Sarjapur and Ors.
Vs.
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO. 1055 OF 2016 Jai Bhavani Mahila Va. Shikshan ... Petitioners Prasark Mandal and Anr.
Vs.
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO. 1058 OF 2016 Shri Swami Samarth Shikshan ... Petitioners Prasark Mandal and Ors.
Vs.
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO. 1351 OF 2016 Jai Kalika Mata Shikshan ... Petitioners Prasark Mandal and Ors.
Vs.
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION (ST)NO. 2039 OF 2016 Vasant Charitable Trust ... Petitioners Tambewadi and Anr Vs.
The State of Maharashtra & Ors.
... Respondents
WITH WRIT PETITION (ST) NO. 2338 OF 2016 Naik Charitable Trust and Anr ... Petitioners Vs.
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO. 2673 OF 2016 Naik Charitable Trust and Anr ... Petitioners Vs.
The State of Maharashtra & Ors.
... Respondents ..........
Mr. Sugandh B. Deshmukh a/w. Mr. Rajaram Deshmukh for the Petitioner.
Mr. Manish M. Pabale, AGP for the Respondents - State. ..........
CORAM : A.S. OKA & A.K. MENON, JJ.
DATE : 4th MAY, 2017 P. C.
1.
The petitioners are claiming to be Non-Government organisations running children's homes in various parts of the State. The grievance made in these petitions under Article 226 of the Constitution of India is as regards the failure of the State Government to release the grant-inaid to the petitioners. 2.
The learned Counsel appearing for the petitioners and the learned AGP appearing for the respondents state that these petitions
will be governed by the Judgment and Order dated 31st January, 2017 in Writ Petition No. 5811 of 2016 [Jai Tuljabhavani Bahu Samajsevi Sanstha vs. The State of Maharashtra & Ors] and other connected petitions. We have perused the said Judgment and Order dated 31st January, 2017. The said order deals with a group of petitions filed by the petitioners claiming to be Non-Government organisations running children's home under the Juvenile Justice (Care and Protection of Children) Act, 2000 [now Juvenile Justice (Care and Protection of Children) Act, 2015].
3.
For the reasons recorded in the said Judgment and Orders, we dispose of these petitions by passing the following order : (i) If according to the Respondents, the Petitioners are required to produce certain documents for reassessment / re-evaluation of their prayer for release to grant-in-aid, the Respondents will issue written requisition to the Petitioners at the addresses mentioned in the cause title of the present petitions calling upon them to produce documents specified in the requisition. Such requisition, if any shall be issued within a period of one months from today. The Petitioners shall respond to the requisition within a period of one month from
the date on which the requisition is received by them either by producing the documents or by submitting reasons in writing for their inability to produce the documents. The reassessment or re-evaluation of the cases of the Petitioners for release of grant-in-aid for the period of up to and inclusive of the financial year 201516 shall be completed as expeditiously as possible and in any event within a period of one year from today subject to Petitioners making compliance with the requisitions as set out above;
(ii) The decision taken regarding the release of grantin-aid to the Petitioners shall be communicated to the Petitioners within a period of two weeks from the date on which the reassessment or re-evaluation is completed. Needless to add that if the Petitioners are found entitled to grant-in-aid, necessary amount shall be released by the Respondents as expeditiously as possible and in any event within a period of one month from the date on which a decision is taken holding the petitioners eligible for receiving the grant-in-aid.
(iii) We, however ,make it clear that we have made no adjudication on the entitlement to the Petitioners to receive the grant-in-aid.
(iv) Petitions are disposed of on the above terms. (v) All concerned to act on an authenticated copy of this order.
(A.K. MENON, J) (A.S. OKA, J)