Shri Ramlingeshwar Bahuddeshiya Sevabhavi Sanstha Through Its President Gurunath Bandappa Hogade v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2731 OF 2017 Shri Ramlingeshwar Bahuddeshiya Sevabhavi Sanstha Through its President Gurunath Bandappa Hogade .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Hanmant B. Nandagavale , Advocate for the Petitioner. Shri S. B. Yawalkar, Addl.G.P. for Respondent Nos. 1 to 4. CORAM : S. V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 19TH APRIL, 2017.

PER COURT :

.

Heard.

2.

Today, the learned Addl. G. P. produced a copy of the order dated 10th January, 2017, passed by the Division Bench of this Court at Nagpur in Writ Petition No. 4324 of 2016 (Adiwasi Gramin Bahu uddeshiya Shikshan Sanstha, Wardha and others Vs. State of Maharashtra and another). This Court at Nagpur, in the similar circumstances, directed the respondents therein to consider the proposals for the academic year 2017-18, commencing from June, 2017. In the said matter, the following directions were issued by this Court :

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In this situation, we find that interest of justice can be met with by directing the respondents to reconsider the cases of the petitioners in accordance with law within next three months so as to enable them to start/upgrade their Schools, if the permission is granted from next Academic year commencing from June, 2017. Such new school or upgradation can be considered if due to grant of permission in the year 201617, no other school has come up at a place desired by the petitioners.

10. Hence, without observing anything on the merits of the controversy, we partly allow the present writ petition. No order as to costs."

3.

Considering the facts of the present case, on the above terms, the present Writ Petition is partly allowed. The petitioner is directed to appear before respondent No. 1 on 02.05.2017. The respondents are directed to reconsider the case of the petitioner and decide the proposal in accordance with law within a period of three months from 02.05.2017. In those terms, the Writ Petition is disposed of.

[SANGITRAO S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/April 17