1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 5542/2009 Nickie Public Welfare Society vs. The State of Maharashtra, through its Secretary, Public Health Department, Mantralaya Mumbai 32 and others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. S.R.Soni, Advocate for the petitioner. Mrs. Dangre, Addl. G.P. For R- 1 to 4. CORAM : S.A.BOBDE & MRS. MRIDULA BHATKAR,JJ DATE : 06.10.2010 The petitioner has approached this Court with a case that the amount which has been allocated for sickle cell programme in the State of Maharashtra has not been utilized properly. According to the petitioner, for Phase I about Rs. 150 lacs were allocated which were to be utilized in the year 2007-08 for the Districts viz. Nasik, Nandurbar, Thane, Amravati, Gondia and Gadchiroli. However, the amount of Rs. 341.11 lac were to be utilized for the Districts viz. Pune, Raigadh, Dhule, Jalgaon, Ahmadnagar, Nanded, Yavatmal, Nagpur,Chandrapur and Bhandara covered in Phase II in the year 2008-09 and an amount of Rs. 1045.53 lacs were to be utilized for the year 2010-11 for the 2` remaining areas in the state. The learned counsel for the petitioner submitted that the reply given by the respondents which was made available to the petitioner under the Right to Information Act shows that admittedly the amount of Rs. 341.11 lacs which was to be utilized for phase II was utilized for phase I itself and thus no amount is left for phase II and thus he has alleged the mis-utilization of the funds. We accordingly called upon the respondents to file reply. The respondents have stated that the Districts to be covered for phase I could not be covered effectively even during the phase II and, therefore, the amount has to be diverted to Phase I and was utilized for the Districts of Phase I. They further state as follows: “In light of the said table this Hon'ble Court may note that Thane, Nasik, Nandurbar, Amravati, Gondia and Gadchiroli were covered in Phase -I where as Nagpur, Wardha, Chandrapur, Bhandara, Yavatmal are covered in Phase-II. It is further stated that Dhule District is covered in Phase-III programme to be implemented in the year 2010-2011 for which the budget allocation is made in the year 2010- 2011. I state that Jalgaon, Nanded, Washim, Akola would be covered in Phase -IV and District Buldhana, Aurangabad, Raigad would be 3` covered in Phase -V”. We see no reason to disbelieve the statement made by the respondents. We find that as such there is no mis-utilization of funds but there is a delay in implementation of Phase-I. As a result, of which there is overall delay in implementation of the programme and the amount necessary for Phase II had to be diverted for the Districts of Phase I. The problem is administrative in nature and does not call for any action. Hence, the petition is disposed of. JUDGE JUDGE patle