Shripad Govind Shukla v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO.6406 OF 2021 SHRIPAD GOVIND SHUKLA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr A. G. Ambetkar, Advocate for petitioner;

Mr D. R. Kale, G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND B. U. DEBADWAR, JJ.

DATE : 2nd June, 2021 PER COURT:

1.

The petitioner has put forth prayer clauses (B), (C) and (D), which read as under :- "(B) By issuing a Writ of Mandamus or any other appropriate writ, order or directions in the like nature, this Hon'ble Court may kindly be pleased to direct the respondent No. 2 to closed down/ ban the illegal/ unauthorized isolation center started by the respondent No.5 at the place/ premises of "Siddhivinayak Bhakta Niwas", Siddhatek, Tq. Karjat, Dist. Ahmednagar. (C) By issuing a Writ of Mandamus or any other appropriate writ, order or directions in the like nature, this Hon'ble Court may kindly be pleased to direct the respondent No. 2 to take necessary action against guilty

(2) person/ erring officers, whose are started the unauthorized isolation center at the place/ premises of "Sidhivinayak Bhakta Niwas", Siddhatek, Tq. Karjat, Dist. Ahmednagar.

(D) By issuing a Writ of Mandamus or any other appropriate writ, order or directions in the like nature, this Hon'ble Court may kindly be pleased to direct the respondent No. 2 to decide the representation/ notice dated 07.05.2021 and 10.05.2021 filed by the petitioner." 2.

The grievance of the petitioner is that respondent No.5 is attempting to start a Government Isolation Centre in premises known as "Siddhivinayak Bhakta Niwas", Siddhatek, Tq. Karjat, Dist. Ahmednagar. No authority or State instrumentality or a local Government can resort to the opening of such a centre without the permission of the District Collector.

3.

The learned Government Pleader submits on instructions that no such centre has been opened by respondent No.5. The Government would not permit such a centre to operate without proper permission/sanction from the Government.

(3) 4.

The learned Advocate for the petitioner submits on instructions that considering the statement made by the learned Government Pleader, on instructions, this petition can be disposed off. 5.

In view of the above, this petition is disposed off. (B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.) sjk