Shri Bankat Swami Shikshan Sanstha Through Its President Amit Laxmanrao Bhosale And Others v. Shivaji Baburao Shinde And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO.2834 OF 2016 WITH CA/2665/2019 IN WP/2834/2016 SHRI BANKAT SWAMI SHIKSHAN SANSTHA

VERSUS

SHIVAJI BABURAO SHINDE AND OTHERS ...

Advocate for Petitioner : Shri Talhar Ajay G. Advocate for Respondent : Shri Brahmankar R.C. h/f Shri Jadhav N.L. Advocate for Respondent 4 : Shri Patodi R.V. h/f Shri Deshmukh Y.P. AGP for Respondent 5 : Shri Yadav (Lonikar) S.R. Advocate for Intervenor : Shri Sapkal V.D.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: April 01, 2019 ...

PER COURT :- 1.

The petitioner places on record the original communication from the petitioner informing the learned Advocate to pray for the withdrawal of this petition, so as to approach a statutory forum, by way of a statutory remedy.

2.

Shri Sapkal, learned Advocate submits that a statutory remedy is available under Section 96 of the Maharashtra Public Trusts Act, read with Rule 36 of the Maharashtra Public Trusts Rules. 3.

Considering the above, the original communication is taken on record and marked as Exhibit "X" for identification. akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- WRIT PETITION NO.2834 OF 2016 4.

In view of the above, this Writ Petition is disposed off as withdrawn, so as to enable the petitioner to avail of a statutory remedy. The time spent by the petitioner in this Court from 7.3.2016, till the passing of this order, shall be considered as a ground for condonation of delay.

5.

The Civil Application filed by the intervenors, is rendered infructuous and the same is disposed off with liberty to the applicants to take recourse to the remedy that may be available in law. ( RAVINDRA V. GHUGE, J. ) ...

akl/d