Shabari (Social Human Aid ... vs State Of Maharashtra, Through Its ...
2022 Latest Caselaw 7584 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR
                         WRIT PETITION NO.4005 OF 2018
(Shabari (Social Human Aid Backward Academic Rehabilitation Institute) and
others vs. State of Maharashtra and others)
________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
                     Shri Anand Parchure, Advocate for petitioners.
                     Smt. K.R. Deshpande, Assistant Government Pleader for
                     respondent nos.1 and 2.
                     Shri Gopal Mishra, Advocate for respondent no.3.
                                         --------
                     CORAM : A.S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATED : AUGUST 3, 2022

Since the Special Leave Petition challenging the judgment of this Court in Writ Petition No.2413/2018 is pending, Rule. Rule is made returnable early.

2) Smt. Deshpande, learned Assistant Government Pleader waives notice for respondent nos.1 and 2, and Shri Gopal Mishra, learned Counsel waives notice for respondent no.3.

3) Liberty to move after the Special Leave Petition is disposed of.

4) In the writ petition a challenge has been raised to the order dated 3/5/2018 that has been passed by the Deputy Director of Education, Nagpur Division, Nagpur holding that excess grant to the tune of Rs.27,25,965/- has been disbursed to the Management - petitioner no.1 during the period from November 2014 to May 2017. Recovery of aforesaid excess 0308wp4005.18 2/3

amount has been directed by the said order. It has also been observed that the amount of Rs.1,16,109/- has been deposited by the Management with the State Exchequer and, therefore, the balance amount recoverable is Rs.26,09,856/-.

5) On 9/7/2018, this Court had directed the respondents not to release any grants in favour of the Management. By the subsequent order dated 2/2/2021 this Court found that the order passed in Writ Petition No.2413/2018, which had raised the same question of law as involved in this petition, had been challenged before the Hon'ble Supreme Court and the special leave petition was pending. By the subsequent order dated 29/3/2022, this Court observed that the present writ petition should be kept pending till special leave petition is decided. It is informed that even today, the said proceedings are pending before the Hon'ble Supreme Court.

6) In the aforesaid background, we have heard the learned Counsel for the parties in the context of the amended prayers in the writ petition. It is stated that pursuant to the interim order, the grants have been withheld. For the period from 2013 till academic session 2021-22, the Management is entitled to receive Rs.1,15,64,742/- towards grants. The amount to be recovered as per the impugned order is Rs.27,25,965/-. Since the amount withheld exceeds the amount that is to be recovered, it is prayed that from the current academic session, the grants admissible may be directed to be released.

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                                    7)         This prayer is opposed by Smt. Deshpande, learned

Assistant Government Pleader for the respondent nos.1 and 2, and Shri Mishra, learned Counsel for the respondent no.3. It is submitted that since the impugned order is under challenge and the interim order directs withholding of grants, the same does not call for any modification.

8) On hearing the learned Counsel for the parties and on perusing the documents on record, it is clear that as per the impugned order, an amount of Rs.27,25,965/- has to be recovered from the Management. The amount pursuant to the interim order that has been withheld exceeds that amount. According to the affidavit filed by the petitioner no.1, dated 15/7/2022, it is entitled to receive Rs.1,15,64,742/- towards grants from 2013 to 2021-22. In that view of the matter, since we find that the interest of respondents is sufficiently secured, the interim order dated 9/7/2018 is partly modified by directing that the grants admissible to the petitioners from the current academic session starting from 1/4/2022 shall be released. Accordingly, there shall be interim order in terms of prayer clauses (iv-a) and (iv-b) of the petition. The interim order dated 9/7/2018 stands modified accordingly.

                                              JUDGE                                   JUDGE

Digitally Signed By:KAMAL HUNDRAJ

                                    khj
JESWANI
Signing Date:06.08.2022 11:44