SHIRDI NAGAR PANCHAYAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. The learned counsel appearing for respondents waive service of rule. Rule is made returnable forthwith. By consent of parties both the aforesaid matters were heard together and are being disposed of by common order.

(2.) In Writ Petition No. 6703 of 2020, the petitioner has prayed for writ of certiorari for quashing and setting aside Resolution No. 323 passed by the Ad-hoc Committee of Shri Saiba Sansthan Trust Shirdi in the meeting dtd. 9/6/2020. The petitioner has also prayed for writ of mandamus to forthwith release the amount payable to the petitioner/Municipal Council for the purpose of cleanliness and sanitation as per the Government Resolution dtd. 7/4/2018 and corrigendum dtd. 22/11/2018 in accordance with the provisions of Sec. 21(1)(ii) of the Shree Saibaba Sansthan Trust (Shirdi) Act 2004 from May 2020 onwards.

(3.) Public Interest Litigation No. 46 of 2021 is filed by Shri Sachin Paraji Kote and another inter alia praying for quashing and setting aside the impugned Government Resolution dtd. 7/4/2018, 17/4/2018 and 22/4/2018 issued by the Law and Judiciary Department, Mantralaya, Mumbai thereby directing the Saibaba Sansthan Shirdi Trust to pay Rs.42.51 Lakhs for cleanliness and sanitation of Shirdi Town contrary to the resolutions of the Sansthan. The petitioners also prayed for an order and direction to the Sansthan Trust to decide afresh the quantum of amount to be paid to the petitioner, Shirdi considering the rates of previous contractors, funds received from the Government for cleaniness/sanitation and its utility for Sansthan and also to frame policy in that regard. The petitioners seek an order and direction against the petitioner, Shirdi to submit the accounts of taxes collected on account of sanitation/clealiness and its utilization, funds received from Government and its utilisation for sanitation/cleanliness, prizes in term of money received from Government and its utilization for sanitation/cleanliness and the grant in aid received from the Sansthan for sanitation/cleanliness before this Court.