Banjara Vidyarthi Vastigruh Through Its President Pandit Bhika Jadhav v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10367 OF 2017 Banjara Vidyarthi Vastigruh Petitioner

Versus

The State of Maharashtra & others Respondents Mr.P.B.Shirsath, advocate for the petitioner. Mr.S.G.Karlekar, A.G.P. for Respondents No.1, 2 and 4. Mr.S.V.Kshirsagar, advocate holding for Mrs.M.A.Deshpande, advocate for Respondent No.3.

Mr.M.R.Andhale, advocate for Respondent No.5. CORAM : R.M.BORDE & MANGESH S. PATIL, JJ.

DATE : 29th September, 2018 PER COURT:

An affidavit-in-reply has been presented on behalf of respondents no.1 and 2 and in paragraphs no.4 and 5, it is recorded thus:

I say and submit that, since there is dispute between two factions of Management of Banjara Vidyarthi Vastigruh and Shankar Surekh Mahila Mandal, the Respondent No.3 had on earlier occasion vide communication dated 17.10.2016 addressed to office of the Respondent No.2, communicated that there can be no recommendation for transfer of the said Banjara Vidyarathi Vastigruh to Shankar Surekh Mahila Mandal.

I therefore say and submit that, although the report for recommendation of transfer was called from the office of Respondent No.3 vide impugned communication dated 12.05.2017 but

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Since the order of transfer has not yet been passed, there is no cause of action for the petitioner to present instant petition. It would be open for the petitioner to avail of the remedies available in law and and when cause of action occurs. With the liberty as aforesaid, writ petition stands dismissed.

MANGESH S. PATIL R.M.BORDE JUDGE JUDGE adb/