Rajashri Shahu Bahuddeshiya Gramin Vikas Sanstha Through Secretary Parmeshwar Shrirang Jadhav v. The State Of Maharashtra Through Its Principal Secretary And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10317 OF 2022 RAJASHRI SHAHU BAHUDDESHIYA GRAMIN VIKAS SANSTHA THROUGH SECRETARY PARMESHWAR SHRIRANG JADHAV

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

AND WRIT PETITION NO.10503 OF 2022 (Not on the Board) SWAMI SAMARTHA BALAKASHRAM THROUGH ITS SECRETARY

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioners : Shri S.S. Thombre AGP for the Respondents/State : Shri S.G. Karlekar ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 10th October, 2022 Per Court :- 1.

In both these petitions, the petitioners have put forth prayer clauses B, C and D as under :- "B) By issuing appropriate writ, order or directions

*2* in the like nature, the impugned order/letter dated 17.08.2021 passed/ issued by the respondent No.2/the Commissioner, Woman and Child Welfare, Maharashtra State Pune thereby rejecting the proposal of the petitioner may kindly be quashed and set aside and for that purpose issue necessary orders.

C) By issuing writ of mandamus or any other appropriate writ, order or directions in the like nature, the respondent Nos.1 and 2 may kindly be directed to renew the licenses of the petitioner pursuant to the proposal submitted by the petitioner and for that purpose issue necessary orders.

D) By issuing writ of mandamus or any other appropriate writ, order or directions in the like nature, the respondent authorities may kindly be directed to allot the inmates to the petitioner till the competent authorities decide the proposal of the petitioner for renewal of the license and for that purpose issue necessary orders."

2.

The coordinate Bench (Coram : Mangesh S. Patil and Sandeep V. Marne, JJ.) vide the judgment dated 08.09.2022 delivered in Writ Petition No.7821/2021 filed by the Mother Teresa Balakashram vs. The State of Maharashtra and others and in connected matters, has quashed and set aside the impugned communication dated 17.08.2021.

3.

The learned advocate for the petitioners as well as the learned AGP agree that these two petitions have to be disposed off in the light of the judgment dated 08.09.2022. The

*3* pending proposals of these petitioners will have to undergo rectification of shortcomings and thereafter, the decision is to be taken.

4.

In view of the above, both these Writ Petitions are disposed off.

5.

Needless to state, respondent No.2 shall initiate steps to take a decision on the proposals of the petitioners and in the event of any shortcomings, he would grant time to the petitioners to rectify the shortcomings. After such rectification, the petitioners would approach respondent No.2 with the rectified proposals within four weeks and thereafter, respondent No.2 would take a final decision on the proposals within sixteen

(16) weeks from today.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)