1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6522 OF 2009 Savitribai Fule Bhatkya Vimukta Jamati Sikshan Sanstha,Gadhewadi, Ta.Ahmedpur,Dist. Latur Through its President Shri Raosaheb S/o Shivappa Raghumod Age 58 years,R/o Barahalli, Tq. Mukhed,District Nanded. ...PETITIONER. VERSUS 1. The State of Maharashtra, Through Secretary Social Welfare Department,Mantralaya, Mumbai. 2. The Commissioner, Commissionerate, Woman and Child Welfare Maharashtra State, Pune-1. 3. The District Officer, Woman and Child Welfare, Department,Jalna, Ta. and District Jalna. ...RESPONDENTS. ... Shri.V.D.Salunke Advocate for Petitioner. Shri.V.B.Ghatge, A.G.P. for Respondents. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 23rd JULY, 2010. 2 ORAL JUDGMENT : [ PER : NARHESH H.PATIL, J.] 1. Rule. Rule made returnable forthwith. Heard learned counsel for the parties. 2. The petitioner challenges the impugned order dated 10.07.2009 passed by the Commissioner, Woman and Child Welfare Maharashtra State, Pune-1. 3. Mr. Salunke, learned counsel for the petitioner submits that though the petitioner asked for permission to run Balak Ashram having intake capacity of 50 children, the State Government granted permission for intake capacity of 100 children. 4. The learned counsel further submits that earlier site which was shown to run Balak Ashram was not suitable, therefore, the petitioner obtained another site and made it suitable for the purpose to start and conduct the Balak Ashram. The counsel further submits that the impugned order 3 passed on the basis of the report dated 19th March, 2009, which is annexed and marked as Exh.R-2 to the affidavit in reply filed by the respondents, is favourable to the petitioner. 5. Mr. Ghatge, learned A.G.P. submits that the Government sanctioned preliminary permission to the petitioner to start Balak Ashram in accordance with terms and conditions enumerated in the sanctioned order. Unless and until the petitioner fulfill the terms and conditions in respect of all infrastructure and facilities available to run BalakAshram, permission can not be granted to the petitioner. 6. We have perused the impugned order, report dated 19th March, 2009 and communication dated 07.05.2009 addressed to the Commissioner, Women and Child Development. We find that the commissioner shall consider the subsequent inspection report filed by District Women and Child Development Officer, Jalna. In case the 4 commissioner desires to make a fresh inspection then Commissioner is at liberty for the same. We find that the issue is required to be considered by the Commissioner in the light of the documents placed on record. 7. In the above facts and circumstances and submissions advanced by the learned counsel of the parties we find that the matter needs to be remanded back for consideration. 8. In the light of the above observations, the impugned order dated 10.07.2009 passed by the respondent No.2-Commissioner, Women and Child Development Maharashtra State Pune-1 stands quashed and set aside and matter is remanded back to the concerned Authority. The Commissioner is entitled to call the concerned parties for hearing. The Commissioner shall pass final order in the matter. The Commissioner is entitled to depute the respondents- Authority for having fresh inspection of the spot. The Commissioner shall 5 complete this exercise within three months from the date of receipt of this order. The order shall be communicated to the petitioner. 9. Rule is made absolute in the above terms. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK