Sumanta Ramrao Sutare And Others v. The State Of Maharashtra And Others

1 CA / 2480 / 2022 ORDER CORRECTED VIDE SPEAKING TO MINUTES ORDER DATED 29 AUGUST 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 2480 OF 2022 IN WP/10715/2014 1] Smt. Sumanta D/o Ramrao Sutare 2] Shri. Chandrashekhar Gangluji Gajbhiye 3] Shaikh Sabana W/o Parvin Bashir 4] Kastura Dashrath Waghmare 5] Shiladevi Raosaheb Gaikwad 6] Shri Pratul Kunjbihari Awasthi 7] Shri. Prakash Pandurang Mahale 8] Damyanta Rustum Dongare 9] Shri. Pradip Bhishanrao Dhokrat 10] Smt. Lilabai W/o Karbhari Bagul .. Applicants

Versus

1] The State of Maharashtra Through Secretary, Department of School Education, Mantralaya, Mumbai (Through its Secretary) 2] The Deputy Director of Education, Aurangabad Division, Aurangabad 3] The Education Officer (Primary), Zilla Parishad, Aurangabad 4] Vinay Shikshan Sanstha, Aurangabad .. Respondents ...

Advocate for petitioner : Mr. R.I. Wakade AGP for the respondent - State : Mr. N.D. Batule Advocate for respondent no. 3 : Mr. D.K. Rajput ...

CORAM

: MANGESH S. PATIL & S.G. CHAPALGAONKAR, JJ.

DATE : 09 AUGUST 2024 ORAL ORDER :

We have heard both the sides.

2 CA / 2480 / 2022 2.

This is a civil application filed by the original petitioners seeking to withdraw 50% amount deposited by the Education Officer (Primary), Zilla Parishad, Aurangabad, as per the order of this Court dated 05-02-2019, 3.

We have heard both the sides.

4.

The writ petition has been disposed of finally by the order dated 05-02-2019. However, we could not find any direction in the final order pursuant to such earlier order passed for allowing the petitioners to withdraw the amount. In fact, 50% of the amount deposited in the Court was already withdrawn by the petitioners on furnishing an undertaking. By this application, they are claiming the remaining 50% amount.

5.

In the absence of any stipulation in the final order passed by a co-ordinate division bench while disposing of the writ petition, since the petitioners have already been allowed to withdraw 50% amount by furnishing solvent surety, the application is allowed. 6.

Office to verify and disburse remaining 50% of the amount as per the order dated 09-10-2017, on the same condition. [ S.G. CHAPALGAONKAR ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/