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Bombay High CourtWP/4532/2021disposed off

Snehvardhak Mandal Narpad Thr. Secretary v. The State Of Maharashtra Thr. Principal Secretary And ORS

2021-08-24Hon'Ble Shri Justice M. S. Karnik2 pages

36.wp.4532-21.doc PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4532 OF 2021 Snehvardhak Mandal, Narpad .. Petitioner vs.

The State of Maharashtra and ors.

.. Respondents ----------- Mr. Sarnath Sariputta Pramod for the Petitioner. Mr. P.P. Pujari, AGP for the State-Respondent Nos.1 to 4. Mr. Jitendra M. Pathade for the Respondent No.6. ----------- CORAM : M.S.KARNIK, J.

DATE : AUGUST 24, 2021 P.C.

Heard learned counsel for the parties.

2.

In this Petition an order passed by the School Tribunal rejecting the application issuing summons to the Original Respondent Nos.3 and 4 is under challenge. It is the contention of learned counsel for the Petitioner that the presence of the Respondent Nos.3 and 4 is necessary as the action was initiated pursuant to the directions of Respondent No.4. 3.

The School Tribunal has noted that the notices on the previous occasion were served on Respondent Nos.3 and 4 but none appeared. Learned AGP appearing for Respondent Nos.3 and 4 submits that he will communicate the pendency of the Appeal

36.wp.4532-21.doc before the Tribunal to the Respondent Nos.3 and 4 as according to him the suit summons were never served on the Respondent Nos.3 and 4. Learned AGP may take necessary steps. 4.

However, so far as the impugned order is concerned, it is not open for the Petitioner to challenge the same as it cannot be said that it is the Petitioner who is aggrieved by the order. 5.

The Writ Petition is dismissed.

(M.S.KARNIK, J.) Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2021.08.24 19:03:45 +0530 PRADNYA MAKARAND BHOGALE