Bombay High CourtRA/149/2019disposed offdismissed for default

Dwarkashankar Vidya Prasarak Mandal Ambapimpri Through President v. The State Of Maharashtra And Others

2020-01-17Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane2 pages

1 ra 149.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 149 OF 2019 IN WRIT PETITION NO. 11816 OF 2014 Dwarkashankar Vidya Prasarak Mandal Ambapimpri, through President .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Mohit S. Shah, Advocate for the Applicant. Shri S. P. Tiwari, A.G.P. for Respondent Nos. 1 to 3. Shri S. R. Barlinge, Advocate for Respondent Nos. 4 to 8 - absent.

CORAM :

S. V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATE :

17TH JANUARY, 2020.

FINAL ORDER :

The respondent Nos. 4 to 8 are served. Appearance is also shown of the advocate for respondent Nos. 4 to 8. 2.

The learned counsel for the applicant submits that, the writ petition is filed seeking restraint upon respondent Nos. 4 to 8 from attending their duties and recovering amount of salary with interest. Said writ petition was taken along with Writ Petition No. 4097 of 2014. The Writ Petition No. 4097 of 2014 was challenging transfer of the management. This Court in the order under review only considered Writ Petition No. 4097 of

2 ra 149.19 2014 and directed to decide the proposal on it's own merits, however, along with Writ Petition No. 4097 of 2014, present Writ Petition No. 11816 of 2014 was also disposed of. Prayers made in Writ Petition No. 11816 of 2014 were never considered. 3.

We have gone through the prayers made in Writ Petition No. 11816 of 2014. It appears that, under order dated 11.10.2018, Writ Petition No. 4097 of 2014 and present writ petition were disposed of, however, prayers of the petitioner in Writ Petition No. 11816 of 2014 were not dealt with, nor observations are made in the order under review with regard to the prayers made in Writ Petition No. 11816 of 2014. 4.

In the light of the above, the order dated 11.10.2018 is recalled to the extent of Writ Petition No. 11814 of 2016. The Writ Petition No. 11816 of 2014 be restored to its original position. The review application accordingly stands disposed of. [S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 20