Shivrajya Abhishek Mandir Kruti Samiti Kalyan Mitral Mandal Thro President v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1535 OF 2017 WITH CIVIL APPLICATION NO. 4535 OF 2017 Shivrajya Abhishek Mandir Kruti Samiti, Kalyan Mitral Mandal", Kingaon (Bk), Society registered under the provisions of Societies Registration Act, Through its President Ramchandra s/o Dajiba Patil, Age: Years, Occu:Agril.

R/o. Kingaon (BK), Tq.Yawal, Dist.Jalgaon. ...Petitioner

Versus

The State of Maharashtra Through its Secretary, General Administration Department, Mantralaya, Mumbai and Ors.

...Respondents

Mr. V.P. Latange, Advocate for the Petitioner Mr. A.V. Deshmukh, A.G.P. for respondent Nos. 1 to 3 Mr. N.E. Deshmukh, Advocate for Intervenor Mr. H.P. Kshirsagar, Advocate for Respondent No.4 CORAM : S.V.GANGAPURWALA AND A.M.DHAVALE, JJ.

DATE : APRIL 04, 2018 PER COURT :

1.

Mr. V. P. Latange, learned counsel for the petitioner submits that the Collector is required to forward the report to respondent No. 1 in respect of the proposal of petitioner seeking permission for construction of Shivrajyabhishek Mandir and installation of statue of Chhatrapati Shivaji Maharaj at

Kingaon, Tq. Yawal, Dist. Jalgaon. According to the learned counsel, the Government Resolution dated 2nd February, 2005 permits the said erection of the statue.

2.

The civil application is filed with a prayer to implead the applicant/intervenor as a party-respondent in the writ petition. Mr. Deshmukh, the learned counsel for the intervenor submits that actually the construction is sought to be made by encroaching upon the road.

3.

The learned A.G.P. states that the respondent/State has rejected the proposal of the petitioner.

4.

It is for the administration to consider the cause and the need for erection of a statue at a particular place. The court in its writ jurisdiction would not embark upon the said decision and the same would be within the realm of authorities. 5.

It is submitted that the said proposal of the petitioner is already returned back.

6.

In view of the order passed by the Collector, Jalgaon dated 21.11.2017, the case of the petitioner cannot be considered. The petitioner is at liberty to take appropriate steps.

7.

The writ petition is accordingly disposed of. No cost. 8.

In view of disposal of the writ petition, Civil Application No. 4535 of 2017 also disposed of.

(A.M. DHAVALE, J.) (S.V.GANGAPURWALA, J.) mta