Dnyan Vidnyan Shikshan Prasarak Mandal Through Its President Shri. Suryakant S. Dinde v. State Of Maharashtra Through The Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2781 OF 2015 Dnyan Vidnyan Shikshan Prasarak Mandal, Bahirashwar ..... Petitioner V/s State of Maharashtra & Ors.

..... Respondents Mr. N.V. Bandiwadekar a/w Mr. Prashant Bhavake for Petitioner. Mr. C.P. Yadav, AGP for Respondent No.1/State. Mr. Amit B. Borkar for Respondent No.2 University. CORAM : ANOOP V. MOHTA & A.A. SAYED, JJ.

DATED : 21 AUGUST 2015 ORDER:

Rule, returnable forthwith. Heard forthwith finally. The Petitioner-Institution has applied for permission to start new Senior College at Ganeshwadi, (Beedshed) taluka Karveer, District Kolhapur. Accordingly Petitioner Institution submitted the proposal including the details of two lands which admittedly, on the date of Application three acres land but not at one spot/place which is the requirement for starting new Institution. The learned Counsel appearing for the Petitioner Institution has placed on record a registered lease deed whereby 1/2

k 2/2 924 wp 2781.15 as .doc the Petitioner Institution has taken on lease additional area of .10 Ares in Gut No.222 i.e. one of the property in question. The Petitioner has already mentioned the same in the said Application. This additional area of .10 Ares as submitted will make up the required area of 3 Acres. Therefore, by keeping all points open, we are of the view that Respondent Nos.2 to 5 to consider the Application afresh as submission is also made that the Petitioner Institution is otherwise qualified and eligible, competent to start the new Institution. Respondent No.2 University to take decision as early as possible preferably within four weeks from today.

With these directions, the present Petition is disposed of. No order as to costs.

(A.A. SAYED, J.) (ANOOP V. MOHTA, J.) katkam 2/2