wp3243.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3243 OF 2009 Shri Saibaba Sarvajanik Vachanalaya, Dhupkheda, Tq-Paithan, Dist-Aurangabad, Through it's President Gangadhar Deorao Waghchaure, R/o-Dhupkheda, Tq-Paithan, Dist-Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through it's Secretary, Higher & Technical Education Department, Mantralaya, Mumbai-400 032, 2) The Director of Library, The State of Maharashtra, Mumbai, 3) The Deputy Director of Library, Aurangabad Region, Aurangabad. ...RESPONDENTS. ... Shri.K.N.Lokhande Advocate for Petitioner Shri.S.K. Kadam, A.G.P. for Respondents. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 8TH NOVEMBER, 2011. wp3243.09 2 PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. The Petitioner claims grant for the year 2007-2008, which is disbursed to the public library. 3. The Respondents filed affidavit in reply. In Para Nos. 2 and 3, the deponent contends that: "2. The Deponent say and submit that, the above Writ Petition is filed by the Petitioner above named for directions to provide financial aid/grant to the Petitioner public library as per the policy of the Government. In this respect the Deponent say and submit that, though the Petitioner is running the said library since last so many years as contended wp3243.09 3 by the Petitioner, is incorrect. The said library was never functioning properly and therefore, in the year 2007-08, the Asstt. Director of Library, Aurangabad have recommended to the Director for cancelling the approval/recognition of Petitioner library. Thereafter, the Petitioner have made several correspondence with the office of this Deponent as well as Director office and inspection was conducted on 23.5.2008. During the course of visit it was found that, the Petitioner has started functioning thereafter, a report was sent by the office of this Deponent to the Director and the permission of the Petitioner library is continued." "3. The Deponent further say and submit that, in the year 2008-09 Petitioner has been wp3243.09 4 paid the amount of Rs.14950/- towards grant in aid by cheque No.337364 dated 2.5.2009, as per the entitlement of the Petitioner. It is also pertinent to mention here that, in the year 2009-10, Petitioner has been paid grant in aid, as per his entitlement to the extent of Rs.20,000/-." 4. In the facts of the case, in exercise of extra ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, we are not inclined to issue any direction to the Respondent - State in respect of grant for the year 2007-2008, as the issue relates to the question of facts in respect of running of the library during the said period. The Writ Petition is rejected. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/NOV11