Jalgaon Zilla Maratha Vidya Prasarak Sahakari Samaj Ltd Jalgaon Thro Its Honorary Secretary And ORS v. The State Of Maharashtra And Others

1 920-WP-2003-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2003 OF 2020 Jalgaon Zilla Maratha Vidya Prasarak Sahakari Samaj Ltd., Jalgaon, Through its Honrary Secretary

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr V.D. Hon, Senior Advocate i/b Mr A.D. Shinde, Advocate for Petitioner Mr S.G. Karlekar, AGP for Respondent-State Ms Pradnya Talekar, Advocate for (Talekar and Associates) Caveator CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30th JANUARY, 2020 PER COURT :

1.

Mr Hon, learned Senior Counsel appearing for the petitioner submits that the Hon'ble Minister had called for the meeting at the behest of the petitioners in Writ Petition No. 2677 of 2018. The petitioners were never issued any notice nor the petitioners were allowed entry in chamber of the Hon'ble Minister. The petitioners are kept in dark. The petitioners are the persons, whose names appear in Schedule-I of the petitioner No.1 Trust. According to the learned Senior Counsel, when the matter is subjudice before this Court, respondent No. 2 could not have taken up any proceedings concerning the petitioner No. 1. Respondent No. 2 cannot sit over the proceedings of this Court.

2 920-WP-2003-2020 2.

We have heard the learned Assistant Government Pleader.

3.

It appears that the meeting was scheduled on 29.01.2020. The purpose of the meeting is not detailed nor the discussion that has taken place. In absence of the subject matter under consideration before the Hon'ble Minister, it is not possible to specifically conclude about the issue involved before the Hon'ble Minister in respect of petitioner No.1 Trust. 4.

Be that as it may, in respect of the matter which this Court is seized with, the Hon'ble Minister has no authority and cannot pass the orders contrary to the orders passed by this Court. 5.

Already, an order of status quo is in force. Till then, no other orders passed (except by the Apex Court) can supersede the orders passed by this Court. In light of that, no further orders are required to be passed.

6.

In case, some decision is taken by the Hon'ble Minister on its administrative side or even quasi judicial, then it is always open for the petitioners to agitate in respect of the same. 7.

With these observations, the writ petition is disposed of. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta