Sangita Pandurang Jagtap And Others v. The State Of Maharashtra Through Its Secretary And Others

59wp12738-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 WRIT PETITION NO.12738 OF 2023 SANGITA PANDURANG JAGTAP AND OTHERS

VERSUS

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

Advocate for Petitioners : Mr. Sambhaji G Munde AGP for the Respondents-State : Mr. A. V. Deshmukh Advocate for Respondents 3,4&7: Mr. P. D. Suryawanshi

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 16th October, 2023 ORDER:

1.

The Petitioners are aggrieved by the Order of the Chief Executive Officer, Zilla Parishad, Beed, dated 05.09.2023. It is mentioned in the order that the Petitioners can approach the Divisional Commissioner, if they desire to challenge the decision of the Chief Executive Officer.

2.

In the light of the view taken by the Hon'

ble Supreme Court in the case of State of Uttar Pradesh Vs. Ehsan and another, 2023 Livelaw (SC) 887, the Petitioner will be at liberty to approach the Divisional Commissioner, Aurangabad. The time spent by the Petitioner in this Court from 20.09.2023 till the passing of this order, shall be excused.

59wp12738-23 3.

With the above directions, this Petition is disposed off. 4.

In the alternative, if the Petitioner desires to pursue the application pending before the Child Development Project Officer (Respondent No.5), we grant liberty to the Petitioner to pursue the said application, which shall be considered within a period of 45 days. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan