MAGAS SAMAJ SEVA MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed at the instance of 32 institutes. In view of the title clause and tenor of the petition, one may presume that this petition is in representative capacity. The petitioners are challenging the order dated 26th March, 2020, issued by respondent No.3 - Deputy Commissioner, Women & Child Development, Maharashtra State, Pune.

(2.) The submission of Mr Dahiphale, learned Counsel appearing with Mr Jamalpurkar, learned Counsel for the petitioners is, there is an extreme urgency in the matter in view of the order dated 26 th March, 2020, whereby the amount against grant-in-aid to the petitioners - institutes was to be disbursed before the closure of the financial year. He then submits that due to declaration of lock-down, the petitioners - institutes are unable to receive any amount of grant-in-aid and they may suffer financial loss.

(3.) Though prima facie the grievance looks justified one as it relates to non-disbursement of amount of grant-in-aid to these institutes, which are running children home, there is more than one ground for not entertaining the present petition as a petition with an extreme urgency. Firstly, the order impugned in the petition refers to certain amount disbursed to the institutes, which was an excess amount and secondly the State Government was to recover 80% of the amount paid in excess to the institutes and then was to disburse the remainder amount to these institutes. Now, there is absolutely not a single word either in the petition or in the form of any annexure to show as to what was the amount received by these institutes in the financial year 2019- 20. There is also no statement in the petition that any of these petitioners - institutes were granted an excess amount or the institutes received only a part amount and only a general statement is made at para 6 of the petition that the amount of 'grant-in-aid' which was payable in the financial year 2019-20 was assessed and verified.