Sambhaji Sahebrao Pawar And ORS v. The State Of Maharashtra And ANR

8-WP-8530-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by VASANT ANANDRAO IDHOL Date:

2024.06.24 18:41:48 +0530 WRIT PETITION NO. 8530 OF 2024 VASANT ANANDRAO IDHOL Sambhaji Sahebrao Pawar And Ors.

...Petitioners

Versus

The State Of Maharashtra And Anr.

...Respondents

....

Mr.Sanjay P. Shinde for the Petitioners.

Ms.Gauri Jadhav, "B" Panel Counsel for the Respondent - State. ....

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

24th JUNE 2024 P.C.

:

1.

The basic grievance is that consequent to an enquiry, directed under section 41(D) of the Maharashtra Public Trusts Act (MPT Act) which enquiry has to be conducted in terms of section 41(B) in the manner as provided under sections 37 and 38 in pursuance to which an opportunity must be granted to the trustees to submit an explanation, no such opportunity has been granted and the impugned order dated 17.5.2024 therefore, suffers from this illegality. A perusal of the impugned order does not indicate VAI

8-WP-8530-2024.doc the satisfaction of this requirement, prima-facie. 2.

Issue notice for final disposal by all modes permissible, returnable on 8.7.2024. Learned AGP waives notice for respondent no.1.

(AVINASH G. GHAROTE, J.) VAI