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Bombay High CourtWP/8155/2013disposed offdismissed for default

Gopalrao Baburao Sondge v. The State Of Maharashtra And Others

2015-07-29Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav3 pages

1 wp 8155.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8155 OF 2013 Gopalrao Baburao Sondge .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Amol M. Awate, Advocate for the Petitioner. Shri K. J. Ghute Patil, A. G. P. for Respondent Nos. 1 and 2. Shri Gulab Rajale, Advocate for the Respondent No. 4. Shri Z. R. Zambre, Advocate h/f Shri Niteen V. Gaware, Advocate for the Respondent No. 5.

WITH CIVIL APPLICATION STAMP NO. 22247 OF 2015 IN WRIT PETITION NO. 8155 OF 2013 Bankatswami Shikshan Sanstha Khadki Through its President Amit Laxmanrao Bhosale .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri U. R. Awate, Advocate h/f Shri S. B. Talekar, Advocate for the Applicant.

Shri K. J. Ghute Patil, A. G. P. for Respondent Nos. 1 and 2. Shri Gulab Rajale, Advocate for the Respondent No. 4. Shri Z. R. Zambre, Advocate h/f Shri Niteen V. Gaware, Advocate for the Respondent No. 5.

Shri Amol M. Awate, Advocate for the Respondent No. 6.

2 wp 8155.13 CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 29TH JULY, 2015.

PER COURT :

.

Heard the learned counsel for respective parties. 2.

Mr. Rajale, the learned counsel for the respondent No. 4 states that, the respondent No. 4 has already submitted proposal with the Joint Director of Higher Education with regard to payment of legal dues to the petitioner and the same is pending with the Joint Director of Higher Education, Aurangabad. 3.

Mr. Aute, the learned counsel for the intervenor states that, the intervention application is filed by Bankatswami Shikshan Sanstha through its President Amit Bhosale, objecting to the same.

4.

The proposal is yet pending with the Joint Director of Higher Education, Aurangabad. The Joint Director of Higher Education is required to decide said proposal on its own merits. The intervenor in this writ petition can raise all the issues sought to be raised by him before the Joint Director of Higher Education where the proposal is forwarded and pending. 5.

In the light of that, we dispose of the writ petition with

3 wp 8155.13 directions that the Joint Director of Higher Education Aurangabad shall consider the proposal submitted by the respondent No. 4 with regard to payment of legal dues to the petitioner after considering all aspects of the matter and after hearing all the concerned. The present intervenor in this petition is entitled to raise objection before the Joint Director of Higher Education, where the proposal is pending. The Joint Director of Higher Education, Aurangabad shall decide the same expeditiously and preferably within a period of six (6) months from today. The writ petition as well as civil application stand disposed of. No costs.

[ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] bsb/July 15