Vimal Prabhakar Yadav v. The Union Of India And Others

9281.19WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9281 OF 2019 Vimal Prabhakar Yadav .. PETITIONER

VERSUS

Union of India and others .. RESPONDENTS ...

Mr.S.G. Chapalgaonkar, advocate for the petitioner.

Mr.B.B. Kulkarni, advocate for the respondent no.1.

Mr.Amol N. Kakade, advocate for the respondent no.2.

...

CORAM : DIPANKAR DATTA, CJ AND MANGESH S. PATIL, J.

DATE : SEPTEMBER 30, 2021 PC :

1.

We have heard Mr. S.G. Chapalgaonkar, Mr.

B.B. Kulkarni, and Mr.Amol Kakade, learned advocates for the petitioner, the respondent no.1 and the respondent no.2, respectively.

2.

Having regard to the contents of the reply affidavit filed by the respondent no.2 that the petitioner's project/proposal could not be reconsidered in pursuance of the order passed by the concerned Ministry because of pendency of the

9281.19WP.odt present writ petition, we are of the considered view that interest of justice would be sufficiently served if, without deciding any of the points arising for decision herein, directions are issued to the respondent no.2 to place such project/proposal before the Special Committee, which has since been constituted to consider the petitioner's claim for subsidy. It is ordered accordingly.

3.

Let the Special Committee examine the project/proposal of the petitioner upon granting opportunity of hearing to her. A reasoned order ought to be passed, if the decision taken is adverse to the interest of the petitioner. On the contrary, if the project/proposal is accepted, appropriate follow up steps be taken in accordance with law, without undue delay, to provide the benefits to the petitioner.

4.

The writ petition is disposed of accordingly. No costs.

5.

All the contentions are left open to be urged before the Special Committee.

[MANGESH S. PATIL,J.] [CHIEF JUSTICE] SGA