Shram Bahuddeshiya Sevabhavi Sanstha Kharosa Through Its Secretary v. The State Of Maharashtra Through Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10654 OF 2023 Rashtra Jagruti Bahuddeshiya Mandal Sanchalit Siddhi Balakashram Balgruha .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Abhishek Chapule, Advocate h/f Shri N. P. Patil Jamalpurkar, Advocate for the Petitioner.

Shri A. A. Jagatkar, A.G.P. for the Respondent Nos. 1 to 4. AND WRIT PETITION NO. 10656 OF 2023 Shram Bahuddeshiya Sevabhavi Sanstha Kharosa through its Secretary .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Abhishek Chapule, Advocate h/f Shri N. P. Patil Jamalpurkar, Advocate for the Petitioner.

Shri S. R. Yadav-Lonikar, A.G.P. for the Respondent Nos. 1 to 4. CORAM :

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

DATE :

28 AUGUST 2023.

FINAL ORDER :

.

Heard.

2.

The petitioner which runs a child care home and was duly registered under the erstwhile Juvenile Justice (Care and

2 wp 10654.23 Protection of Children) Act, 2000 is now seeking its renewal under the successor Act of 2015. The petitioner's proposal is pending with the respondent authorities.

3.

In the matter of Mother Teresa Balakashram Vs. The State of Maharashtra and others in Writ Petition No. 7821 of 2021 by order dated 08 September 2022, elaborate instructions have been already issued considering the respective provisions contained in both the Acts, the previous one and the Act of 2015 and particularly the scope and ambit of Section 41 of the Act of 2015. 4.

If the petitioner's proposal is pending with the authorities and not yet decided, it shall be decided in accordance with law and in the light of our observations in the matter of Mother Teresa Balakashram Vs. The State of Maharashtra and others (supra). Needless to state that if the authorities find some deficiencies, an opportunity shall be extended to the petitioner to comply with those shortcomings. The Committee shall consider and decide the proposal as expeditiously as possible, but in any case within a period of three (03) months from the date the petitioner appears before the respondent No. 2. The petitioner shall appear before the respondent No. 2 on 04 September, 2023. 5.

With these directions the writ petitions are disposed of. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Aug. 23