Barashiv Hanuman Shikshan Prasarak Mandal Through Its Joint Secretary Murlidhar Sonbarao Mule v. The State Of Maharashtra Through Secretary And Others
2059.23wp (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.2059 OF 2023 SHRI. BARASHIV HANUMAN SHIKSHAN PRASARAK MANDAL, THROUGH ITS JOINT SECRETARY MURLIDHAR SONBARAO MULE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ....
Mr S. S. Gangakhedkar, Advocate for petitioner; Mr P. S. Patil, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.
DATE : 22nd February, 2023 PER COURT:
1.
The petitioner has put forth prayer clause (B), which reads as under:- "B) By an appropriate writ, order or direction under Article 226 of the Constitution of India, the respondents be directed to consider the proposal of the petitioner dated 29.03.2016 as well as 19.12.2016 and 10.05.2017 (ExhibitK) expeditiously within stipulated period." 2.
Considering the above prayer, the learned A.G.P. submits that the pending proposal can be considered strictly in accordance with the Rules and the Policies as were applicable, including the rate of charges as 'Nazrana'. He further submits that, in spite of
2059.23wp (2) an earlier order passed in 2003, the 'Nazrana' amount was not paid. Therefore, the rates for charging the 'Nazrana' in the case of the Petitioner, would be those that are charged as on date. 3.
We would not go into the merits of the proposal and the Policies and the Rules that the respondent would apply while considering the said proposal. The petitioner desires that the proposal, which has been pending for more than 6 years, should be considered expeditiously on it's own merits. 4.
In view of the above, this petition is disposed off. We expect respondent No.2 to deal with the said proposal in accordance with the law applicable and after giving a reasonable opportunity of hearing to all the stakeholders, by following the due procedure laid down in law.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk