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Bombay High CourtCA/13910/2023disposed off

Ravindra Budha Patil v. The State Of Maharashtra Through Its Secretary And Others

2023-11-10Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.13810 OF 2023 IN WP/12282/2023 SHANKAR BALU RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 935 CIVIL APPLICATION NO.13910 OF 2023 IN WP/12354/2023 RAVINDRA BUDHA PATIL

VERSUS

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

Mr Shaikh Ashraf Patel, Advocate for Applicants; Mr S. G. Karlekar, A.G.P. for Respondent Nos. 1 and 2 Mr V. C. Patil, Advocate h/f Mr U. B. Bondar, Advocate for Respondent Nos. 3 to 5.

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 10th November, 2023 PER COURT:

1.

The learned A.G.P. points out that these Civil Applications are filed in one Writ Petition and a common Civil

(2) Application cannot be filed for the other Writ Petitions. There are several independent Writ Petitions filed.

2.

The learned Counsel for the Applicants/Petitioners submits that present Civil Applications are filed in Writ Petition Nos.13810/2023 and 12354/2023, and he would file independent Civil Applications in all other Writ Petitions. He concedes that the added Respondent No.6 was the Deputy Director of Education, 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 Applications, which is not controverted, in the first sentence of the paragraph Nos.5(b) and 5(c) of the order dated 11/10/2023, passed in Writ Petition Nos.12282/2023 and of the order dated 09/10/2023, passed in Writ Petition No.12354/2023, the words "The Deputy Director of Education, Aurangabad Division, Aurangabad and Nashik Division", shall stand deleted and shall be replaced by the words "respective Chief Executive Officer, Zilla Parishad".

(3) 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.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk