Siddharth Shikshan Prasarak Mandal And ANR v. The Municipal Corporation For Greater Mumbai And ANR

rsk AO-125-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.125 OF 2016 Siddharth Shikshan Prasarak Mandal & Anr.

..Appellants Vs.

The Municipal Corporation of Greater Mumbai & Anr.

..Respondents ....

Ms. Gayatri Singh, Senior Advocate i/b. Kranti L. C. for the appellants.

Mr. A. V. Diwate for respondent No.1.

....

CORAM : N.M. JAMDAR, J.

DATED : 22 MARCH 2016 P.C.:

.

The learned senior counsel for the appellants seeks leave to withdraw the appeal. She states that the appropriate remedy for the appellants is to challenge the decision of the Education Officer dated 13 February 2014, by way of a Writ Petition. 2.

The appeal is accordingly disposed of as withdrawn. All contentions of the parties on merits are kept open. 3.

The learned counsel for the appellants states that it will take some time for the appellants to file a writ petition and in the meanwhile the school of the appellants, which is at present being in

rsk AO-125-16.sxw operation, should not be closed down by the respondents. 4.

The learned counsel for the respondents on instructions of Mr. Ajay Vani, Administrative Officer states that the action of closing down the school will not be taken for a period of 4 weeks from today. The statement is accepted. It is clarified that continuation of this protection would be on its own merits. (N.M. JAMDAR, J.)