Jeevan Vikas Sanstha Paithan Through Secretary v. The State Of Maharashtra Through Secretary And Others

952wp9903-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO. 9903 OF 2024 JEEVAN VIKAS SANSTHA PAITHAN THROUGH SECRETARY

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Parghane Madhukar M., Advocate for the Petitioner Mr. A. B. Girase, Government Pleader for the Respondents/State Mr. S. R. Dheple, Advocate for Respondent Nos. 2 & 3/Z.P. Aurangabad

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 10th September, 2024 ORDER:

1.

The Petitioner is a private trust who desires that this Court should recover the monthly rent for it's Boys Hostel at Paithan, by issuing a Writ of Mandamus to Respondent No.2. Earlier, in similar set of circumstances a Writ Petition No.11168/2021 was filed by Smt. Hirabai @ Rahibai W/o Dyandeo Bargaje, wherein this Court observed in the order dated 07.10.2021 that, in fact, the Petitioner should seek recovery of rent by filing a civil suit. Subsequently, by order dated 23.06.2022, this Court disposed off the petition since the Petitioners sought leave to withdraw the Petition.

2.

The Petitioner has issued notices to various authorities asking for clearance of the arrears of rent amount.

952wp9903-24 3.

In view of the above, this Writ Petition is disposed off. If Respondent No.2 does not make the payment of admitted amounts, the Petitioner will be at liberty to file a recovery suit. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan