Megha Gangayya Satlawar v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:22273-DB 951.WP.12659.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12659 OF 2023 MEGHA GANGAYYA SATLAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Thorat Chandrakant R. Addl.G.P. for Respondents: Mr. P.S. Patil Advocate for Respondent No.4 : Mr. S.S. Bora ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 20.09.2024 PER COURT :

Heard the learned advocate for the petitioner as also Mr. Bora who appears for the respondent No.4 - University. 2.

The petitioner has filed the petition merely because in spite of having completed the degree course from respondent no. 5 - College affiliated to respondent No.4 - University, all the certificates and original documents have been withheld, without any reason. 3.

Apparently, there is nothing on the record to demonstrate any reason as to why the petitioner's document could be withheld. Even this Court in the matter of Sau. Maya Devidas Rajguru Vs. The State of Maharashtra and Ors.; WP No.3451/2015 on 23.08.2016 and Murunalini 1/2

951.WP.12659.23.odt Mahesh Rachcha and Ors. Vs. The State of Maharashtra and Ors.; WP No.12262/2019 with connected Writ Petitions dated 11.12.2023, has expressly held that an institute cannot have a lien over the documents irrespective of any dispute.

4.

The respondent No.5 - College has not responded in spite of service of notice for final disposal.

5.

The writ petition is allowed.

6.

The respondent Nos.4 and 5 shall forthwith issue necessary certificates/original documents to the petitioner. (SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2