Uttamrao Rambhaji Shelke v. The State Of Mahrashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.13029 OF 2019 IN PUBLIC INTEREST LITIGATION NO.120 OF 2019 Uttamrao Rambhaji Shelke .. Applicant

Versus

The State of Maharashtra and ors.

.. Respondents Ms P.S. Talekar, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondent no.1 Mr N.R. Bhavar, Advocate for respondent no.2 Mr R.N. Dhorde, Sr.Counsel i/b Mr V.R. Dhorde, Advocate for respondents no.3 and 7 Mr A.V. Hon, Advocate for respondent no.7 in W.P. CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 03.12.2019 ORAL ORDER :

1.

Heard Ms Talekar, learned Counsel for the applicants. 2.

Mr Bhavar, learned Counsel appearing on behalf of respondent no.2 invited our attention to the affidavit-in-reply filed on behalf of respondent no.2 Shri Ravindra s/o Chindhu Thakare, Deputy Chief Executive Officer (In Charge Chief Executive Officer) of Shri Saibaba Sansthan Trust, Shirdi, Taluka Rahata, District Ahmednagar and more particularly, the intimation dated 26.11.2019 of the meeting scheduled on 4.12.2019 at 10.00 a.m. by the ad-hoc Committee appointed by this Court. There are as many as ninety six subjects. It was the submission of Mr Bhavar that all these subjects need immediate attention. Permission be granted to conduct the meeting as scheduled on 4.12.2019 by the ad-hoc Committee.

3.

Ms Talekar, learned Counsel appearing for the applicant though had not raised any serious objection to conduct the meeting, her only submission was that let the ad-hoc Committee conduct the meeting, keeping in mind the directions of this Court in order dated 15.10.2019 in Civil Application No.13268 of 2015 in P.I.L. No.18 of 2011, order dated 18.3.2016 in Civil Application No.3497 of 2016 in P.I.L. No.18 of 2011 and order dated 30.1.2019 in P.I.L. 152 of 2018 with P.I.L. No.86 of 2018. Ms Talekar submitted that it would be necessary for the adhoc Committee to consider these issues, more particularly while considering the subject no.61, which deals with printing of the invitation cards in year 2020.

4.

Per contra, it was submitted by Mr Bhavar, learned counsel for respondent no.2 that as many of the devotees reside in remote area or villages, the modern technology or modern method of communication may not be very useful so as to reach these devotees. On perusal of order dated 15.10.2015, order dated 18.3.2016 and order dated 30.1.2019, what emerges is the thrust of the Court on saving the expenditure and an attempt to prevent unnecessary expenditure. We are of the opinion that the balance can be striked up by permitting the ad-hoc Committee to consider the issue, i.e. subject no.61 on a consideration of the cost efficient measures, such as instead of printing the invitation cards either on hard bond papers or making the invitations decorative, selective use of paper and an optional mode of computerised printed pamphlets may achieve the object and target of intimation. As the order dated 15.10.2015 refers to mode of publication, the ad-hoc Committee may also consider a publication of a notice in a vernacular newspaper having wide

circulation in Ahmednagar district. We further make it clear that our observations are on a broad base utility and the ad-hoc Committee is at liberty to take appropriate measures into consideration for cost efficient mode. As there is no serious objections raised by the applicant for the other subjects, scheduled in the meeting dated 4.12.2019, we permit the ad-hoc Committee to proceed with the meeting scheduled on 4.12.2019, i.e. tomorrow. 5.

As the purpose of filing the present application is now duly served, we see no reason to keep the application pending only for some academic purposes. Accordingly, the application is disposed of. 6.

The minutes of the meeting, scheduled on 4.12.2019 be placed before this Court within three weeks from today. The parties are at liberty to circulate the petition in case of an urgency. 7.

Authenticated copy of this order be provided to the respective parties.

( ANIL S. KILOR, J.) ( PRASANNA B. VARALE, J.) vvr