Ganga Kailas Kadam v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:9634-DB {1} 954 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4604 OF 2024 GANGA KAILAS KADAM ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS .....Respondent .....

Advocate for the Petitioner : Mr. Tukaram Maruti Venjane AGP for Respondent Nos. 1 to 4: Mrs. M. N. Ghanekar Advocate for respondent No.5 and 6 : Mr. Vikrant Valase. CORAM : SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE : 2ND MAY, 2024.

P.C. :- Heard.

2.

Issue notice to respondents.

3.

AGP waives notice for respondent Nos. 1 to 4. 4.

Mr. Vikrant Valase, states that he has instructions to appear for respondent Nos. 5 and 6. He may file vakalatnama within a week. 5.

Learned Advocate for respondent Nos. 5 and 6, upon institutions, makes a statement that the impugned order dated 28.2.2024 shows that some documents were lacking in the proposal sent by the respondent No.4. In fact, some of those documents were alongwith

{2} 954 sr.no..odt proposal dated 1.9.2023, which appears to have been received by the respondent No.4 on 18.1.2024. He submits that if any document is still remaining, then in that case, respondent No.6 would submit fresh proposal with all the necessary documents. Such proposal would be given within one week.

6.

Upon such statement, learned AGP submits that if such proposal is received, it would be decided by respondent No.4 within a period of two weeks after it is received.

7.

In view of said statement, we pass the following order :-

O R D E R

[a] The impugned order dated 28.2.2024 stands quashed and set aside;

[b] Respondent Nos. 5 and 6 shall submit a fresh proposal with all the necessary documents within a period of one week from today; [c] If such proposal is submitted, respondent No.4 shall decide the said proposal within a period of two weeks,on its own merits. [e] With aforesaid direction, petition stands disposed. No costs. [S.G. CHAPALGAONKAR, J] [ SMT. VIBHA KANKANWADI, J] grt/-