Shri Saint Kaikadei Maharaj Shikshan Prasarak Mandal, Gworai, Beed. v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.983 OF 2008 WITH CIVIL APPLICATION NO.14780 OF 2015 Shri Saint Kaikadi Maharaj Shikshan Prasarak Mandal, Georai, Tq. Georai, District Beed, through its President Kondiram s/o Aabaji Jadhav, Age 63 years, Occ. Social Service, R/o Sanjaynagar, Kolher Road, Georai, Tq. Georai, District Beed through its Chief Secretary, Vimukt Jati and Bhatkya Jamati, Other Backward Class and Special Backward Category Welfare and Social Justice Department, Government of Maharashtra, Director of V.J.N.T. and Other Backward Class and Special Backward Category Welfare, Maharashtra State, Central Building, Pune.

Officer, Beed, Tq. and District Beed WITH

(( 2 )) WRIT PETITION NO.4972 OF 2009 Shri Ganesh Seva Bhavi Sanstha, Pachegaon, Tq. Georai, District Beed, through its Secretary, Shri Babanrao s/o Uttamrao Pise, Age 45 years, Occu. Agriculturist, R/o Pachegaon, Taluka Georai, District Beed.

through Chief Secretary, Social Justice, Cultural Work, Sports and Special Aid Department, The Director, The V.J.N.T. and Special B.C.

Welfare Directorate, 3, Church Road, Pune - 1 Officer, Beed, Tq. and District Beed Manav Jeevan Vikas Pratishthan, Katgaon, Taluka and District Latur, through its President, R/o Katgaon, Taluka and District Latur.

Shahu Maharaj Primary and Secondary Ashram School, Hiwra Tanda, Taluka Aarwi, District Wardha, through its Head Master

(( 3 )) WITH WRIT PETITION NO.5809 OF 2009 Upekshit Samaj Shikshan Sanstha, Makni, Tq. Lohara/ Omerga, District Osmanabad, through its Secretary Shri Sayed Abdul Aziz, Age 45 years, Occ. Social work, R/o Makni, Tq. Lohara, District Osmanabad through Chief Secretary, Social Justice, Cultural Work, Sports and Special Aid Department, The Director, The V.J.N.T. and Special B.C.

Welfare Directorate, 3, Church Road, Pune - 1 Officer, Osmanabad, Taluka and District Osmanabad Manav Jeevan Vikas Pratishthan, Katgaon, Taluka and District Latur, through its President, R/o Katgaon, Taluka and District Latur.

Shahu Maharaj Primary and Secondary Ashram School, Hiwra Tanda, Taluka Aarwi, District Wardha, through its Head Master

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CORAM:

RAVINDRA .V. GHUGE AND SUNIL K. KOTWAL, JJ.

DATED :

9th NOVEMBER, 2017.

ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.):

In all these matters, the petitioners desire to acquire permission to start Ashram Schools at the places mentioned in the prayer clauses of these three petitions. Interim relief was refused to the petitioners.

These petitions have been pending for the last more than nine years. The issue as to whether the petitioners are entitled for grant of permission to start a new Ashram School as per the policy of the State Government existing then in 20082009, renders these petitions infructuous by passage of time. Learned counsel for the petitioners, therefore, submits that, if the petitioners make a fresh proposal for starting either an Ashram School or for operating a hostel or any other such activity as per the policies of the Government of Maharashtra as on date, the competent authority may consider such proposals on their merits.

(( 5 )) Considering the above, these petitions are disposed of as being infructuous. Rule is discharged. In the event any of these petitioners move any proposal to the State Government under any of its policies, the disposal of these petitions would not be an impediment for the competent authority to consider their proposals strictly on their merits and in accordance with the existing schemes/ policies of the State Government.

6.

Learned counsel for the petitioners prays that, the amount deposited earlier along with the proposals, may kindly be returned to these petitioners. Learned A.G.P. points out from para No.7 of the affidavit-in-reply dated 19.1.2009, filed by the Special District Social Welfare Officer, Beed that the deposited amounts have been returned to these petitioners. Learned counsel for the petitioners submits that, he has no instructions whether they have received the amounts.

7.

Considering the same, in the event the amounts have not been returned to these petitioners, the appropriate authorities shall return the said amounts within a period of

(( 6 )) sixteen weeks from today, failing which the said amounts would attract interest @ 3% p.a. from the date of this order, and the component of interest shall then be paid from the personal salary of the officer due to whom delay in returning the amounts may be caused.

8.

In view of disposal of Writ Petitions, Civil Application No.14780/2015 stands disposed of.

( SUNIL K. KOTWAL ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE fmp/