Bombay High Court
ANKUSH NARAYANRAO DHAKANE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The impugned order dated 16 May 2023 is quashed and set aside.
Summary
The petitioners sought approval of their services, which was rejected by the State of Maharashtra on 16 May 2023 on the ground of a management dispute and pending submission of Schedule‑I. The petitioners later produced an order dated 27 May 2025 from the Assistant Charity Commissioner, Beed, confirming that the Management had accepted Change Report No. 793/2014 and had appointed the petitioners. Relying on this subsequent development, the High Court examined whether the earlier order could stand. The Court held that the impugned order of 16 May 2023 was untenable in view of the Management’s acceptance and therefore quashed it. The matter was remanded to the respondent to decide on the approval within eight weeks. The writ petition was thereafter disposed of.
Issues considered
- What is the effect of a subsequent acceptance by the Management on an earlier order rejecting approval of services?
- Whether the High Court can quash the impugned order dated 16 May 2023 in light of the new development?
Subjects
- approval of services
- quashing of order
- remand
- management dispute
- writ petition
- High Court of Bombay
Judgment
2026:BHC-AUG:26843-DB
{1} 122-wp-12981-2023
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
122 WRIT PETITION NO. 12981 OF 2023
Ankush Narayanrao Dhakane And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And Others
...
Mr. S.S. Jadhavar, Advocate for the Petitioners
Mr. A.M. Phule, AGP for State
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 07th JULY, 2026
PER COURT :
1. The proposal for approval of petitioners’ services is rejected by
respondent No. 2 by the impugned order dated 16.05.2023, which was
communicated vide communication dated 02.06.2023. The approval is
rejected primarily on the ground that there is dispute in the
Management and it is specifically mentioned in the operative part of
the order that after the copy of Schedule-I is presented, decision about
grant of approval will be taken.
2. Learned advocate for the petitioners has placed on record copy
of the order dated 27.05.2025 passed by learned Assistant Charity
Commissioner, Beed, thereby accepting the change report No.
793/2014, which, according to him, was submitted by the Management
{2} 122-wp-12981-2023
which has appointed the petitioners.
3. In view of above subsequent development, impugned order
dated 16.05.2023 passed by respondent No. 2 is quashed and set
aside.
4. The matter is remanded back to respondent No. 2 who shall take
decision on the proposal for approval of petitioners within a period of 8
weeks from the date of copy of this order.
5. Writ Petition is disposed of.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Bhagyawant Punde
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