The Siddhakala Ayurved Mahavidyalay Sangamner Through Its Principal v. Satish Balwantrao Patil And Others

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 11 REVIEW APPLICATION (CIVIL) NO. 40 OF 2017 IN WP/3192/2016 THE SIDDHAKALA AYURVED MAHAVIDYALAY SANGAMNER THROUGH ITS PRINCIPAL

VERSUS

DR.SATISH BALWANTRAO PATIL AND OTHERS ...

Advocate for Applicant : Mr.P.B.Shirsath AGP for Respondent/State : Mrs.R.P.Gour Advocate for petitioner in WP : Mr.M.U.Shelke Advocate for Respondent 2 in WP : Mr.K.C.Sant ...

CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATED : February 20, 2017.

ORDER : [PER SANGITRAO S. PATIL,J.] Heard the learned counsel for respective parties.

2.

As per the notice dated 17.1.2017, praecipes were called from the parties concerned, whose matters were likely to be disposed of by simply giving directions to the authorities concerned. The said notice was not contemplating the matters, which were required to be heard on merits and in which, some effective orders were required to be passed. In Writ

petition No. 3192/2016, the following substantive prayers have been made.

"B] By issuance of writ of mandamus or writ or order or direction in like nature, it be directed to the respondent no. 2 to act in pursuant to the communication dated 29/12/2015 and 08/02/2016 issued by the respondent no. 1 in respect of to hold an inquiry of Siddhakala Siddhakala Ayurved Mahavidyalay, situated at Sangamner, Tq.

Sangmner, Dist Ahmednagar run by the respondent no. 3 and submit the detail reports in the office of respondent no. 1;

for that purpose issue necessary directions.

C] By issuance of writ of mandamus or writ or order or direction in like nature, it be directed to the respondent no. 1 & 2 to take appropriate action against the respondent no. 3 institution according to due procedure under the law; for that purpose issue necessary directions.

D] Pending hearing and final disposal of present writ petition, it be directed the respondent's authorities not to take any coercive action against the petitioner;

for that purpose issue necessary direction."

As seen from the aforementioned prayers, the said Writ Petition was of the nature, which could not have been disposed of in group matters, wherein the formal orders for disposal of the applications/

representations/proposals against the authorities concerned were required to be passed, in view of the innocuous prayers made therein. It is clear that this petition has been wrongly included in the group matters. This is a mistake apparent on the face of record, which needs to be corrected. The order under review, so far as this Writ Petition is concerned, will have to be recalled and accordingly recalled. 3.

Writ Petition No. 3192/2016 be placed for hearing after two weeks. Review Application is disposed of accordingly.

[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] ssc/