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Bombay High CourtWP/1558/2018disposed offdismissed for default

Ambika Bahuuddeshiya Sevabhavi Sanstha Through Its President S B Suryawanshi v. The State Of Maharashtra And Others

2019-03-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 wp 1558.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1558 OF 2018 AMBIKA BAHUUDDESHIYA SEVABHAVI SANSTHA, THROUGH ITS PRESIDENT, SUNIL BABURAO SURYAWANSHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Suryawanshi Prashant D. AGP for Respondents : Mr. K. B. Jadhavar ...

CORAM: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE:

th MARCH, 2019 PER COURT :

1.

The petitioner was given the Cattle Camp. The petitioner is seeking relief against the respondent to release Rs. 6,12,298.42/- deducted towards cost of cow dung.

2.

We have heard the learned counsel for the petitioner and learned Assistant Government Pleader.

3.

As per Government Resolution dated 20.08.2015, more particularly, Clause D (3) the cost towards the cow dung that would be received by the persons like petitioner should be deducted.

2 wp 1558.18 As per Clause 10 of the said Government Resolution it is the responsibility of the owner of the Cattle Camp to dispose of the cow dung. The petitioner also makes a grievance with regard to the rate. The affidavit states that the rate is different for different States.

4.

In the present writ petition, we would not be deciding the rate that is to be considered with regard to the disposal of cow dung. The petitioner now cannot state that the respondent may take the cow dung and it is still lying in the field. It is almost three years, the same will not be practical.

5.

The petitioner may approach the respondents / authorities. The respondents / authorities may consider with regard to the rate on its own merits, in accordance with law.

6.

Writ Petition stands disposed of accordingly. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe