Gramin Vikas Shikshan Ani Krida ... vs State Of Maharashtra & Ors
2016 Latest Caselaw 2336 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                       
                               NAGPUR BENCH

                        WRIT PETITION  NO.  2915  OF  2005




                                               
      1. Gramin Vikas Shikshan Ani Krida
         Prasarak Mandal, Khadki (BK)
         Tq. And District - Akola, 




                                              
         Registration No. F 1199 through
         its Secretary, Suresh Pundlikrao
         Kale, aged about 50 years, occ. 
         Service, Head Master r/o Khadki,




                                     
         Tq. And District - Akola.
                             
      2. Suresh Pundlikrao Kale,
         aged about 50 years, occupation 
         Service, Head Master of Govindrao
                            
         Sarnaik Vidhyalya, Khadki Chandur
         Tq. And District - Akola.               ...   PETITIONERS

                        Versus
      


      1. State of Maharashtra
   



         through its Secretary, Education
         Department, Mantralaya,
         Mumbai 400 032.





      2. Punyashlok Ahilyabai Holkar
         Sanstha, Bormali (Shelgaon),
         Tq. and District - Akola.

      3. Divisional Deputy Director of





         Education, Walgaon Road,
         Amravati.

      4. Education Officer (Secondary),
         Zilla Parishad, Akola.

      5. Gajanan Kharate,
         aged 45 years, occupation -
         Agriculturist, r/o at & Post 
         Chandur, Tq & Dist. - Akola.            ...   RESPONDENTS




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      Shri A.V. Palshikar, AGP for respondent Nos. 1, 3 & 4.




                                                                                
                         .....

                                     CORAM :       B.P. DHARMADHIKARI &




                                                        
                                                   P.N. DESHMUKH, JJ.

MAY 05, 2016.

ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)

Nobody for the petitioner even today. Shri

Palshikar, learned AGP appears for respondent Nos. 1, 3 & 4.

Nobody for other respondents.

2. The challenge is to the order dated 28.04.2005 by

which Respondent No. 2 has been permitted to shift and run his

School at Chandur, District - Akola.

3. The learned AGP points out that this Court on

15.06.2005 observed that if the School is opened by

Respondent No. 2, its opening will be subject to final orders in

the matter.

4. After these orders dated 15.06.2005, the petition

has been amended on 22.06.2005. That amendment does not

bring on record any prejudice like fall in number of students

suffered by the petitioner.

5. Respondent No. 2 had filed reply on 02.07.2005

and thereafter Respondent No. 4 - Education Officer filed his

reply on 20.07.2005. The petitioner has filed an affidavit in

reply to this affidavit of Respondent No. 4 on 26.07.2005.

Again in that affidavit, material to demonstrate any unhealthy

competition is not brought on record.

6. We, therefore, find that with passage of time, the

challenge has become infructuous. Writ Petition is disposed of

accordingly. Rule discharged. No order as to costs.

               JUDGE                                                      JUDGE





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