1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.506 of 2008 (Nirmala Adivasi Shikshan Sanstha .vs. State & Ors.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and C.L.Pangarkar, JJ. DATE : 10.6.2008. Heard Mr. Anand Parchure, Adv. for the Petitioner and Mrs.Dangre, Additional Public Prosecutor for the Respondent Nos. 1 to 4. The controversy in issue relates to the fact that the petitioners have started a School at a place where permission to start the school was not granted by the Education Officer and therefore, the Project Officer, Tribal Development, Nagpur/respondent no.4 vide impugned communication dt. 16.11.2007 has withheld the first, second and third installment of grant. Mr. Anand Parchure, Counsel for the petitioner has submitted that, by communication dt. 27.2.2007 the Upper Commissioner, Tribal Development, Nagpur has issued a show cause notice to the petitioner whereby the petitioner was informed that the petitioner has not started school at Kinhala (Bothali) but at Bothali (Gond) and therefore, the petitioner was called upon to submit his 2 explanation in this regard, failing which the Commissioner has informed the petitioner that appropriate action according to law will be taken. In order to have true and correct picture of the matter, we directed the Sub-Divisional Officer, Nagpur to undertake spot inspection, conduct enquiry and submit report as to whether the petitioner has started the School at the place where permission was granted or at some other place. The report dt. 30.4.2008 submitted by the Sub-Divisional Officer shows that there is no village known as Bothli (Gond) in existence as per the revenue record. The report further shows that the petitioner/institution has started school at Village Bothali, Tq. Umred and Village Kinhala (Deshpande) is situated at a distance of approximately 2 kms from Village Bothali, which was submerged. Perusal of the report shows that village Bothali (Gond) is not in existence as per the revenue record. However, the reason given in the impugned communication by the respondent for withholding grant is that the petitioner has started school at Village Bothali (Gond) in stead of Village Kinhala (Bothali). The above referred reason, in view of the report, is obviously not proper since such village is not in existence and therefore, it is apparent that the Project Officer failed to apply his mind to the factual aspect of the matter and therefore, the impugned communication dt. 16.11.2007, in our view, cannot be sustained in law. 3 For the reasons stated hereinabove, the communications dt.17.7.2006, 27.2.2007, and 16.11.2007 are hereby quashed and set aside. The matter is remanded back to the State Government for re- consideration of the issue in question. The State Government is directed to take into consideration the report submitted by the Sub- Divisional Officer dt. 30.4.2008 and is also entitled to verify independently whether the petitioner-institution has started the school at a place different than the place where the permission to start the school was granted and after giving reasonable opportunity of hearing to the petitioner, shall decide the issue afresh within a period of four weeks from the date of communication of this order. With these observations and directions, the petition is disposed of. Copy of this order duly authenticated by the Shirestedar of this Court be supplied to the learned Additional Government Pleader. JUDGE JUDGE ssj