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Bombay High CourtWP/5650/2015disposed off

Mr. Vithal Laxman Khetle v. The President/ Secretary, Adivasi Vikas Prasarak Samaj And ORS

2022-01-17Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Amit Borkar2 pages

skn 1 26-WP-5650.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5650 OF 2015 Mr. Vithal Laxman Khetle.

...

Petitioner.

V/s.

The President/Secretary, Adivasi Vikas Prasarak Samaj and others.

...

Respondents.

Ms.Kumud Bhatia for the Petitioner.

Mr.N.C.Walimbe, AGP for the Respondent- State. CORAM :

NITIN JAMDAR AND AMIT BORKAR, JJ.

Digitally signed by SANJAY KASHINATH NANOSKAR Date:

2022.01.18 16:32:30 +0530 DATE :

17 January 2022.

SANJAY KASHINATH NANOSKAR P.C. :

The learned counsel for the Petitioner states that the learned counsel has received instructions to withdraw the petition. On 3 January 2022, the following order was passed; "

The petition is filed in the year 2015 wherein the Petitioner has asserted that the Petitioner holds all the necessary qualifications required for the post of Primary Teacher in the Ashram Shala, yet a recovery has been made from the Petitioner on the ground that the Petitioner does not possess the requisite qualifications. In the entire petition, there is no reference as to which are the required qualifications and how the Petitioner fulfills them. The

skn 2 26-WP-5650.2015.doc learned counsel for the Petitioner seeks time to file an additional affidavit to demonstrate that the Petitioner holds the requisite qualification and if the Petitioner does not hold in what matter the Petitioner's qualification can be considered as equivalent qualification.

2.

At the request of learned counsel for the Petitioner, stand over to 17 January 2022."

The learned counsel for the Petitioner states that instead of filing an additional affidavit or carrying out amendment which will make the petition unwieldy, a liberty may be granted to the Petitioner to withdraw this petition and file a fresh petition. Learned counsel also states that the petition would be filed within four weeks. 2.

In view of the statement made, writ petition is disposed of as withdrawn with liberty as aforesaid.

(AMIT BORKAR, J.) (NITIN JAMDAR, J.)