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Bombay High CourtCA/13781/2023disposed off

Chandrakant Mohanrav Lipane v. The State Of Maharashtra Through Secretary And Others

2023-11-09Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare2 pages

903-CA-13781-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13781 OF 2023 IN WP/10128/2023 CHANDRAKANT MOHANRAV LIPANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Applicant : Mr. Shaikh Ashraf Patel AGP for Respondents No.1 and 2 : Mr. P. K. Lakhotiya Advocate for Respondent No.3 : Mr. V. C. Patil holding for Mr. U. B. Bondar ...

CORAM :

RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE :

09-11-2023 PER COURT :- 1.

The learned A.G.P. points out that this Civil Application is filed in one Writ Petition and a common Civil Application cannot be filed for other Writ Petitions. Every Civil Application is to be linked with a Writ Petition Number, for which the Civil Application is filed. There are independent 11 Writ Petitions filed. 2.

The learned Counsel for the Applicant/Petitioner submits that the present Civil Application is filed in Writ Petition No.10128 of 2023 and he would file an independent Civil Applications in all other Writ Petitions. He concedes that the added respondent No.6 was the Deputy Director of Education,

903-CA-13781-23.odt Aurangabad Division, Aurangabad, and after passing of the order, he realized that the added Respondent did not have jurisdiction. 3.

In view of the cause set out in the Civil Application which is not controverted, the first sentence in paragraph No.5(b) and 5(c), "The Deputy Director of Education, Aurangabad and Nashik Division", shall stand deleted and shall be replaced by the words "respective Chief Executive Officer, Zilla Parishad". 4.

The period of fifteen (15) days for the respective Chief Executive Officer, Zilla Parishad, for issuance of notice, shall be from the date of this order.

( S. G. MEHARE ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE rrd