Shreekshetra Mahurgad Vikas Mandal Mahur Thr Its President v. The State Of Maharashtra And Others

2024:BHC-AUG:7531-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9269 OF 2023 IN WP/9522/2014 Shreekshetra Mahurgad Vikas Mandal Mahur Through Its President

VERSUS

The State Of Maharashtra And Others ...

Mr. Rajyogi Sadguru Shree Shivakumar Shivacharya Mahawami, Applicant in-person Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1, 2 and 4 Mr. A. G. Vasmatkar, Advocate for Respondent Nos. 3, 5 & 6 Mr. D. P. Deshpande, Advocate for Respondent Nos. 7 to Mr. S. V. Adwant, Advocate for Respondent No. 11 ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : APRIL 05, 2024 PER COURT :

1.

This Civil Application is filed by the Shreekshetra Mahurgad Vikas Mandal, Mahur through its President - Rajyogi Sadguru Shree Shivakumar Shivacharya Mahawami, vide which prayer clause 'B' has been put-forth as under :- B) It may kindly be directed to the respondent authorities for regular water supply to the Math Sansthan Mandir Veerbhadra Nilkantheshwar, Mahur, Tq.

Mahur, Dist. Nanded which was disconnected by respondent authorities within stipulated period till the disposal of the Writ

Petition No. 9522/2014.

2.

In the present, there is no dispute that the MJP has handed over the entire water supply scheme to Shree Renuka Devi Sansthan Mahurgad and the Petitioner/Applicant is making a request for supply of water through the said Trust.

3.

The learned Advocate Shri. Adwant, on instructions, fairly submits that the rights of the water supply scheme to the said Trust have been handed over to the trust. The learned Principal District and Sessions Judge, Nanded is the Chairperson. The application of the Applicant/Petitioner can be entertained for supply of drinking water subject to the terms and conditions that are uniformly made applicable to all the Applicants who seek water supply. 4.

We are informed that the Applicant had already moved an application dated 22.08.2022, to Shree Renukadevi Sansthan, Mahur. The learned PDJ had passed an order "Secretary of the Trust to look in to this. Inform".

5.

The Applicant/Petitioner is agreeable to appear before the Secretary of the Trust in the office on 24.04.2024 at 11.00 am.

6.

The learned Advocate Shri. Adwant submits that the Secretary of the Trust, whose name is presently mentioned in Schedule 1, would be informed accordingly and he would be available in the Trust's Office on 24.04.2024 at 11.00 am.

7.

We are sure that the Secretary would apprise the Applicant of the formalities to be completed for supplying water and the Applicant would accordingly comply with the said requirements so that water supply can be established. With the due co-operation of the Applicant, we expect a decision by the Secretary on or before 30.04.2024. All compliances will be done by the Applicant and the water supply can then be connected. 8.

For easy correspondence, the Applicant has tendered his cell phone number as "9421842276".

9.

In so far as the amount of Rs. 10,000/- deposited by Mahur Trust on 21.03.2024, by consent of all the parties, we permit the Applicant - Rajyogi Sadguru Shree Shivakumar Shivacharya Mahawami to withdraw the said amount of Rs. 10,000/- without conditions, on an application to be made to the Registry. A copy of his Adhar Card shall be placed on record while withdrawing the amount. Needless to state, the above order has been passed without prejudice to the rights and contentions of the parties.

ORDER BELOW THE WRIT PETITION 10.

Since the Applicant/Petitioner desires that issues raised in the Writ Petition should be decided, we are listing the Writ Petition on 21.06.2024. 11.

In view of the above, the Civil Application stands disposed off.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani