Janardhan Govardhan Jadhav v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 978 WRIT PETITION NO.9099 OF 2015 JANARDHAN GOVARDHAN JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Shaikh Layak S. AGP for Respondents-State : Mr. G. O. Wattamwar ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

08th February, 2023 PER COURT :

1.

Heard the learned Advocate Mr. L. S. Shaikh appearing on behalf of the petitioner. Mr. Shaikh submits that in view of the long passage of time after having made an application in the year 2006, for grant of license to run 'Kalakendra', in Ahmednagar District, the petitioner submits that instead of pursuing his old application, he would make a fresh application for grant of license and that the petitioner seeks directions from this Court to the respondents to follow the procedure contemplated under the relevant rules afresh and decide his application.

2.

The learned Advocate for the petitioner further submits that, long passage of time has passed after he was granted acquittal in the criminal case and the said case was taken into consideration while

WP 9099-2015 rejecting his earlier application. However, on account of the fact of long passage of time, if no case is registered against the petitioner in past ten years, the respondent authorities are directed to look afresh into the matter without being influenced of any part of the earlier criminal case. The police authorities conducting the inquiry, should look at the immediate past conduct of the petitioner and to submit a report as per the relevant rules. If the petitioner is found qualified, then the application can be granted subject to there being no further disqualification in terms of the objections from the residents in the vicinity.

3.

In the event an application is filed by the petitioner, the said application to be considered and all procedure to be completed by the authorities as expeditiously as possible. In view of the fact that the petitioner is pursuing the subject matter for a long period of time, the present petition is disposed of with the above directions. ( ARUN R. PEDNEKER, J. ) vj gawade/-.