1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION NO.4849 OF 2009 (Pujya Jagannathbaba Shikshan Prasarak Mandal, Mukutban ..vs. The State of Maharashtra and others) ------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri A.M. Ghare, Counsel for the petitioner, Shri Anoop Parihar, A.G.P. for the respondents. CORAM:- D.B. BHOSALE AND P. B. VARALE, JJ. DATED :- 23 rd JUNE, 2010 1. Heard learned Counsel for the petitioner and learned A.G.P. for the respondents. 2. In this writ petition the petitioner has made the following prayers;- (a) Direct the Respondents to pay to the Petitioner trust grants for the year 2006-2007 and 2007-2008 for running Ashram School at village Kayar, Tq. Wani, District Yavatmal at the relevant period forthwith; (b) Declare that withholding of the grants by the Respondent No.3 Project Officer for the year 2004-2005 (Final instalment) and 2005-2006 which are duly sanctioned by the Respondent No.2 Commissioner of Tribal development is illegal and the Respondent No.2 may personally be directed to pay interest @ 18% per annum w.e.f. 22/07/2009.” 2 3. We have perused the reply affidavit filed on behalf of respondent No.3. In the reply affidavit, in respect of the grants for the years 2004-2005 and 2005-2006, respondent No.3 has stated thus;- “It is humbly submitted that according to that the petitioner has presented the documents to decide the grants for the year 2004-05, 2005-06 and at the same time the petitioner has not supplied required documents to decide the grants for the year 2006-07 and 2007-08 and therefore he was also directed to present the same on 20-6-2008. It is humbly submitted that after the detailed enquiry and inspection conducted by the Project Officer P. Kawada, released the grant amount of Rs. 8,90,842/- by D.D. No.035799 dated 16-1-2010 and this respondent has written the letter to the President and Secretary of the Society to come in the office of this respondent and collect the D.D. The said letter is dated 16-1-2010.” In view of the aforesaid statements made in the reply affidavit by respondent No.3, in our opinion prayer (b) in the petition stands satisfied. 4. Insofar as prayer (a) is concerned, it is further stated in the reply affidavit that the President/Headmaster of the petitioner- Institute did not supply required documents to decide their claim of grants for the years 2006-2007 and 2007-2008 and hence grants for these years were not released. In view thereof, learned Counsel for 3 the petitioner submits that the petitioner shall supply all the required documents for release of grants for the years 2006-2007 and 2007-2008 within a period of twelve weeks from today to respondent No.3. If the petitioner supply all the required documents to decide their claim for release of the grants for the year 2006-2007 and 2007-2008 within the stipulated time, respondent No.3 shall decide their claim on merits and in accordance with law within a period of twelve weeks therefrom. With these observations, Writ Petition is disposed of. JUDGE JUDGE pma 4