Bombay High Court

DADASAHEB S/O. KUSHABAPU PAWARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed of, with liberty granted to the petitioner to institute appropriate proceedings against the contractors, and no direction is issued to the officials.

Summary

Dadasaheb Pawar filed a criminal writ petition seeking a direction to Dairy Development Officers and the Superintendent of Police to initiate criminal action against three contractors (respondents 5‑7) based on a 7 June 2019 committee report that alleged irregularities. A later committee report dated 10 November 2022, accepted by the Government, found no financial loss to the State and held that the milk society completed the project with its own funds, concluding that no illegality occurred. The Court observed that the later report supersedes the earlier one and therefore there is no basis to compel the officials to prosecute. Instead, the Court granted the petitioner liberty to institute appropriate proceedings against the contractors if he deems it necessary. Consequently, the petition was disposed of, with the liberty granted and the pending criminal application left to proceed.

Issues considered

Whether the Court should direct the Dairy Development Officers and the Superintendent of Police to initiate criminal action based on the 2019 report despite a subsequent 2022 report clearing the allegations.
Whether the petitioner may amend the criminal application to challenge the acceptance of the 2022 report.

Subjects

criminal writ petition
direction to police
committee report
government acceptance
liberty to institute proceedings
irregularities
amendment of criminal application

Judgment

2026:BHC-AUG:39532-DB

1 915 CRIMINAL WRIT PETITION NO. 1713 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

915 CRIMINAL WRIT PETITION NO. 1713 OF 2019
WITH
CRIMINAL APPLICATION NO. 3433 OF 2023
IN WP/1713/2019

DADASAHEB S/O. KUSHABAPU PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Adv. R. A. Tambe, Advocate for the Petitioner
Adv. A. S. Shinde, APP for Respondents-State
Adv. S. S. Kote h/f Adv. Ashwin V. Hon, Advovate for Respondent
No. 5,
Adv. V. H. Dighe, Advocate for Respondent Nos. 6 and 7.
…..

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.

DATED : 27/08/2026
Per Court:

. Heard.

2. The petitioner is seeking a direction to respondent Nos. 1 to 4,

who are the Dairy Development Officers and Superintendent of

Police, to initiate legal action against the respondent Nos. 5 to 7,

pursuant to the report dated 07.06.2019. On going through the

said report, it is evident that the Committee had found certain

irregularities and an opinion is also expressed for taking legal

action against the concerned contractor. However, it is equally
2 915 CRIMINAL WRIT PETITION NO. 1713 OF 2019

important to note that there is a subsequent report which is also

placed on record of the subsequent Committee pursuant to the

aforementioned report and in that report, it has been clearly

observed by the subsequent Committee that there was no financial

loss to the Government and the concerned Milk Society had

completed the project out of their own fund. It is also to be noted

that, the said report dated 10.11.2022 is also accepted by the

Government under communication dated 11.11.2022.

3. Thus, it appears that, by the subsequent report, the earlier

report dated 07.06.2019 is not accepted. The learned counsel for

the petitioner has even filed one Criminal Application No. 3433 of

2023 for carrying out the amendment for challenging the report

dated 10.11.2022 as the earlier report was not considered in the

proper manner. However, once the subsequent report dated

10.11.2022 is accepted by the Government, we do not find any

reason for granting permission for such amendment. Instead of

that, we deem it appropriate to grant liberty to the petitioner to

take out appropriate proceeding, if he thinks that the criminal

action needs to be taken against respondent Nos. 5 to 7. In view of

the same, in the light of subsequent report dated 10.11.2022 and

also the report dated 07.01.2020 wherein it is also mentioned that
3 915 CRIMINAL WRIT PETITION NO. 1713 OF 2019

no illegality was found, we are of the opinion that the present

petition can be disposed of by granting liberty to the petitioner to

take out appropriate proceeding against respondent Nos. 5 to 7.

4. Accordingly, the petition stands disposed of with the liberty

as aforesaid, along with the pending criminal application.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

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