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Bombay High CourtCP/173/2019disposed offdismissed for default

Krushna Mhatardev Tandale And Others v. The State Of Maharashtra And Others

2019-08-29Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Avinash G. Gharote2 pages

{1} cp173.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 173 OF 2019 IN WRIT PETITION NO. 2569 OF 2008 Krushna s/o Mhatardev Tandale & others Petitioners

Versus

The State of Maharashtra & others Respondents Mr. M.R. Khutwad, Advocate for the petitioners. Mrs. M.A. Deshpande, AGP for respondent no 1. CORAM : PRASANNA B. VARALE & AVINASH G. GHAROTE, JJ.

DATE : 29th August, 2019.

PER COURT :

1.

Notices were issued by this Court on 04.03.2019. In response to the notice, an affidavit-in-reply is filed on behalf of respondent no. 3 Laxman s/o Sahebrao Pole, Education Officer (Secondary), Zilla Parishd, Ahmednagar. It is stated in the affidavit-in-reply that the petitioners were duty bound to submit proposal seeking approval to the appointment made by them and, as there was no such proposal submitted to the Education Officer till the date of filing of the affidavit-in-reply, the authority was unable to take any decision.

2.

It reveals that the petition was filed on behalf of the education societies. Present petitioners were not the petitioners in the original petition and it is claimed by these petitioners that they are the employees in a school being run by the original petitioner

{2} cp173.19.odt no. 3 namely Swami Vivekanand Charitable Sanstha, Wadgaon, Tq. Pathardi, Dist. Ahmednagar.

3.

Considering all these facts, we see absolutely no reason to pass any order in the present contempt petition as the petition suffers from absence of locus standi of the petitioners. Petition is accordingly disposed of, as being without locus. ( AVINASH G. GHAROTE ) ( PRASANNA B. VARALE ) JUDGE JUDGE dyb/