Marathi Mission Through Its Secretary Robert Joel Mosses v. Vijaya Arjunrao Jadhav

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8345 OF 2016 Marathi Mission Through its Secretary Robert Joel Mosse .. Petitioner

Versus

Vijaya Arjunrao Jadhav and others .. Respondents Shri L. V. Sangeet, Advocate h/f Mrs. M. L. Sangeet, Advocate for the Petitioner.

Shri P. S. Patil, Addl.G.P. for Respondents/State. CORAM : S. V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATE : 06TH DECEMBER, 2017.

FINAL ORDER :

.

We have heard Mr. Sangeet, the learned advocate for the petitioner. He submits that, the respondent Nos. 1 and 2 obtained the order dated 01.09.2015 in Writ Petition No. 8027 of 2010 by misrepresentation and fraud. The respondent No. 2 herein was not secretary at the relevant time. The administrator was appointed. Without making administrator as a party, the respondent No. 1 has obtained an order from the Court seeking directions against the management to submit the proposal. The same is illegal.

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Mr. Sangeet, the learned advocate further submits that, the petitioner has orally instructed him that, subsequently the proposal of the respondent No. 1 herein was considered. The Deputy Director of Education has made an enquiry and has cancelled the approval.

3.

In the light of that, no purpose would remain in the present writ petition. In case the respondent No. 1 assails the order of the Deputy Director of Education, the petitioner will have opportunity to contest the same.

4.

With aforesaid observations, the writ petition is disposed of. No costs.

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.] bsb/Dec. 17