Shri Ganesh Shikshan Prasarak Mandal Through Its Secretary v. The State Of Maharashtra Through Principal Its Secretary And Others

1 wp 10498.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10498 OF 2023 Shri Ganesh Shikshan Prasarak Mandal, through its Secretary .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri N. P. Patil Jamalpurkar, Advocate for the Petitioner. Shri S. B. Yawalkar, Addl.G.P. for the Respondent Nos. 1 to 4. CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

13 SEPTEMBER 2023.

FINAL ORDER :

.

Heard both sides.

2.

The petitioner who has been seeking renewal of the license for running a Child Care Home under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 is aggrieved by the order of rejection/refusal passed by the State and communicated to the petitioner on 08th September, 2023. 3.

By the impugned communication it has been informed to the petitioner that for want of occupation certificate and property tax receipts the proposal has been rejected.

4.

Since it is a matter of running a child care home and mere

2 wp 10498.23 renewal of license, the petitioner ought to have been extended an opportunity to comply with these aforementioned two shortcomings. It is not a matter of deciding any dispute. The authorities could have put the petitioner to notice. 5.

Be that as it may, we allow the writ petition partly. Quash and set aside the impugned order communicated to the petitioner by communication dated 08 September 2023 and direct the respondents to reconsider petitioner's proposal by permitting it to remove aforementioned two deficiencies. The petitioner may remove those deficiencies and make a fresh request, which shall be considered by the respondent authorities within a period of eight (08) weeks of receipt of the representation. The writ petition is disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Sept. 23