[Cites 0, Cited by 0]
Bombay High Court
Akhil Bharat Krishi Go Seva Sangh Throu. ... vs State Of Maharashtra Throu. Sec. ... on 9 April, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-AS:16964
906. CIVIL WP-15609-2025.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15609 OF 2025
Akhil Bharat Krishi Go Seva Sangh .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
....................
Mr. Vaibhav Joglekar, Senior Advocate i/by Mr. Namitkumar S.
Pansare, Advocates for Petitioner
Ms. S.D. Chipade, AGP for Respondents - State
...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 9, 2026
P. C.:
1. Heard Mr. Joglekar, learned Senior Advocate for Petitioner and
Ms. Chipade, learned AGP for Respondents - State.
2. On 07.04.2026, this Court passed the following order:-
"1. Heard Mr. Joglekar, learned Senior Advocate for Petitioner and Ms.
Chipade, learned AGP for Respondent-State.
2. The Petitioner assails order dated 28.05.2025, inter alia, which
rejects the claim of the Petitioner. The Petitioner made an application to the
Collector on 08.01.2025, copy of which is appended at Exhibit-I to the Writ
Petition, pursuant to the order passed by the Division Bench of this Court
dated 10.10.2024 in Writ Petition No.2228 of 2021, copy of which is
appended at Exhibit-H to the Writ Petition.
3. The Collector has addressed a letter pursuant thereto dated
04.02.2025 to the SDO and the Tahsildar and received response in the form
of reports dated 18.03.2025 and 21.03.2025 from the two authorities.
These very reports are considered by the Collector while passing the
impugned order and rejecting the claim of the Petitioner without hearing
the Petitioner. Copies of these reports have admittedly not been given to the
Petitioner.
4. The application filed by Petitioner at page No.63 prima facie refers
to a detailed compilation of documents in regard to the work done by the
Petitioner for the purpose of setting up animal fodder camps in four
villages, namely villages:- Manjare, Zodge, Chikhalohol and Dongrale, Tal.
1 of 4
906. CIVIL WP-15609-2025.odt
Malegaon, Dist. Nashik. Admittedly, the Collector, Nashik had issued orders
dated 10.04.2019 and 24.04.2019 for operation of the aforementioned four
fodder feeding camps by charitable institutions and Petitioner was
appointed for the same.
5. The details of the entire work undertaken by the Petitioner at the
aforementioned four fodder feeding camps are all contained in the COD. It
prima facie appears after reading the impugned order that primarily based
upon the response received from the SDO and the Tahsildar, the impugned
order is passed and the material which has been placed on the record by the
Petitioner in the COD has not been considered at all. Neither Petitioner has
been heard.
6. The learned AGP is therefore requested by the Court to take
immediate instructions from the Collector and apprise the Court as to
whether the reports which are considered by the Collector in the impugned
order dated 28.05.2025 were given to the Petitioner for consideration and
whether Petitioner was given a personal hearing.
7. Averments in Clauses V to X to the Petition prima facie show that
the Petitioner was not given notice of hearing and the impugned order has
been passed in complete violation of the principles of natural justice.
8. Needless to state that the Petitioner is entitled to be given the
documents and material on which the authority has relied upon while
passing the impugned order and also should be granted an opportunity of
hearing. Appropriate instructions shall be taken by Ms. Chipade so that
order can be passed for remand and fresh hearing before the Collector in
accordance with law.
9. Stand over to 9th April 2026. To be listed as 'First on Board'."
3. After taking instructions, Ms. Chipade, learned AGP would
inform the Court that she has taken appropriate instructions and has
been informed to apprise the Court that Collector, Nashik has called
for substantive reports from SDO and Tahsildar dated 18.03.2025 and
21.03.2025 and after considering the same has determined the
representation filed by Petitioner which is appended at Exh. "I", page
Nos. 63-85 of Petition. However admittedly it is seen that copies of the
said reports made by SDO and Tahsildar have not been given to
Petitioner. That apart Petitioner has not been given an opportunity of
2 of 4
906. CIVIL WP-15609-2025.odt
personal hearing which in my opinion in the present facts and
circumstances of the present case ought to have been given.
4. This is a case where at the time of calamity when the State was
not in a position to equip its own machinery to deal with the situation,
the services of Petitioner - NGO were requisitioned by the State for the
purpose of feeding fodder to the livestock and for setting up of four
fodder feeding camps. In that regard Collector had issued specific
orders dated 10.04.2019 and 24.04.2019 for operation of fodder
feeding camps. It is the case of Petitioner that by virtue of reports filed
by Tahsildar, the work done by Petitioner in all four fodder feeding
camps in the four villages i.e. Manjare, Zodge, Chikhalohol and
Dongrale, Tal. Malegaon, Dist. Nashik has been documented and
confirmed since Petitioner has also filed substantive COD comprising
of the details thereof. Petitioner has also filed its substantive
representation which is appended at page Nos. 63-85 of Petition.
5. Grievance of Petitioner is that the twin reports filed by SDO and
Tahsildar dated 18.03.2025 and 21.03.2025 have not been given to
Petitioner. Copies of these reports therefore shall be given to
Petitioner within a period of one week from today by the Collector,
Nashik. Office of the Collector, Nashik shall act on a server copy of
this order and on being approached by Petitioner, he shall be given
copies of both the reports to Petitioner or his representative.
3 of 4
906. CIVIL WP-15609-2025.odt
6. Petitioner is permitted to file reply to the twin reports of SDO
and Tahsildar within a period of two weeks from the date of receipt.
Same shall be accepted by the Collector's office. Once response to the
said reports is filed by Petitioner, Collector shall fix the date for giving
personal hearing to Petitioner and / or his Advocate. Said date shall
be conveyed to the Petitioner and / or his Advocate by the Office of
the Collector. Hearing shall be completed by the Collector within a
period of four weeks thereafter and once the hearing is completed,
reasoned speaking order shall be passed within a period of four weeks
thereafter. Copy of the reasoned speaking order shall be given to the
Advocate for Petitioner / Petitioner by the Office of the Collector once
it is passed.
7. All contentions of the Petitioner as also the State are expressly
kept open.
8. In view of the above, impugned order dated 28.05.2025 stands
set aside without giving any imprimatur on merits of the matter.
9. With the above directions, Writ Petition is allowed and disposed.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.04.09
20:25:57 +0530
4 of 4
