Shri Saibaba Sansthan Shirdi Through Its Chief Executive Officer v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1743 OF 2020 IN PUBLIC INTEREST LITIGATION NO.120 OF 2019 Shri Saibaba Sansthan Shirdi, Tq. Rahata, Dist. Ahmednagar, Through its Chief Executive Officer Deepak s/o Madhukarrao Muglikar, Age: 58 years, Occu: Service, R/o. Shirdi, Tq. Rahata, Dist. Ahmednagar ..APPLICANT

VERSUS

The State of Maharashtra, Through the Principal Secretary to the Government of Maharashtra in Law & Judiciary Department, Mantralaya, Fort, Mumbai - 32 & ors.

..RESPONDENTS Mr A. S. Khedkar, Advocate h/f Mr N. R. Bhavar, Advocate for applicant;

Mr S. P. Sonpawale, A.G.P. for respondent No.1; Mr P. D. Jarare, Advocate for respondent No.4; Mr A. V. Hon, Advocate for respondent No.5;

Mr V. R. Dhorde, Advocate for respondent Nos.2 & 6 Mr Ajinkya Kale, Advocate h/f Mr S. B. Talekar, Advocate for respondent No.7 CORAM : PRASANNA B. VARALE AND R. G. AVACHAT, JJ.

DATE : 13th February, 2020 ORAL ORDER:

Heard Mr Khedkar, learned Counsel holding for Mr Bhavar, learned Counsel for the applicant - Sansthan.

(2) 2.

By way of present application, the applicant prays for approval to the amounts for the purpose mentioned in para 4 of the present civil application as expenses and implementation the Resolution Nos.05, 23, 25, 35, 37, 41 & 45 adopted by the Ad-hoc Committee on 14th January, 2020.

3.

Learned Counsel for the applicant invited our attention to the subjects referred to in the Resolution and all these subjects are in relation to the necessary expenses, such as, maintenance of the staff quarters, printing of the required stationery, concession given to the patients in the medical bills of Shri Saibaba Hospital and Shri Sainath Blood Bank, purchase of grocery items and incentive granted to one Dr. Kavita Sarwar, Histopathologist w.e.f. 1st January, 2020 in view of the decision of the National Scheduled Caste Commission, New Delhi, etc.

4.

Considering the aforesaid subjects, learned Counsel for respondent No.7 raises no objection to the application, but the suggestion is given by learned Counsel for respondent No.7 in respect of Subject No.41. Along with the application, an annexure is placed on record under the caption annexure 'A' and this document refers to the various grocery items in a tabular form. It is the suggestion of learned Counsel for respondent No.7 that the grocery items, such as,

(3) Wheat, Rice, Jawar, Sugar, etc are available and are stored in the godowns of Food Corporation of India and in case the applicant - Sansthan undertakes the exercise of establishing contact with the Food Corporation of India and if there is no rider, can place the bulk orders with the Food Corporation of India, so that instead of purchasing these items from open market, it would be supplied through the Central Government agency and this exercise may also save the expenses of Sansthan on one hand and on the other hand, it would limit the private suppliers in the activities of grocery items to be supplied to the Sansthan. This suggestion is certainly a welcome suggestion. 5.

As there is no material at this stage before this Court, we may only suggest the applicant - Sansthan to consider the aforesaid suggestion provided by learned Counsel for respondent No.7 with a positive approach.

6.

Accordingly, with the aforesaid observations, the application is allowed in terms of prayer clause (B) and same is disposed of. (R. G. AVACHAT, J.) (PRASANNA B. VARALE, J.) sjk