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 2026:BHC-AUG:39531-DB 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/