SWAYAM ROAJGAR PRADHASHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The challenge raised in the present Writ Petition is to the communication dtd. 31/3/2023 that has been issued by the Sub-Divisional Officer, Wardha by which it has been directed that various applications received pursuant to the communication dtd. 27/12/2022 issued by the Collector, Wardha in the matter of allotment of open spaces/playgrounds for a temporary period to undertake activities of amusement have been cancelled. Challenge is also raised to the communication dtd. 26/4/2023 issued by the Sub-Divisional Officer, Wardha indicating the manner in which applications were required to be made for allotment of such open spaces for a temporary period on rental basis.

(3.) It is the case of the petitioner that it is engaged in the activities of organizing exhibitions at such open spaces wherein items of entertainment, etc. are conducted. The matter is governed by the Government Resolution dtd. 3/3/2007 issued by the Revenue and Forest Department, State of Maharashtra wherein it is stated that allotment of such open spaces/playgrounds ought to be made on the basis of policy of first come first serve by accepting the amount of rent. On 27/12/2022, the Collector issued an order in which it was stated that in the matter of allotment of such open spaces at plot Nos. 27/1 and 27/3 at Mouza - Pulgaon, Taluka - Deori, District - Wardha. The Sub-Divisional Officer and Nazul Officer were directed to prepare a programme in the matter of receiving applications from the interested parties. Publicity was directed to be given by having such notice published in the local newspapers and also by publishing the same on the notice board of the local Authorities. Accordingly, on 27/12/2022 itself, such intimation was given. The petitioner on 2/1/2023 made its application seeking allotment of open space for the period from 5/9/2023 to 25/9/2023. The petitioner's application was received first in time along with about sixteen other applications. However, on 31/3/2023, all applications that were received pursuant to the order dtd. 27/12/2022 issued by the Collector came to be cancelled by the Sub-Divisional Officer on the ground that there was a difficulty in making allotment of the open spaces and it was likely that disputes could arise in future. A fresh programme was accordingly published on 26/4/2023 by the Sub-Divisional Officer, Wardha stipulating the period within which applications were to be received for consideration. A condition was imposed with regard to registration of the entity making such application as well as the necessity of its accounts being audited. It is in this backdrop that the petitioner has challenged the communication dtd. 31/3/2023 as well as 26/4/2023 issued by the Sub-Divisional Officer in this regard.