Rohidas Fattu Pawar v. The State Of Maharashtra Through Secretary And Others

2023:BHC-AUG:26556-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14838 OF 2023 IN WP/6219/2023 SABAN RAMAJAN TADAVI CIVIL APPLICATION NO. 14845 OF 2023 RAJARAM BHAGU RATHOD CIVIL APPLICATION NO. 14840 OF 2023 BAPU RAGHUNATH BARI CIVIL APPLICATION NO. 14848 OF 2023 CHHAGAN HANSRAJ CHAVAN CIVIL APPLICATION NO. 14842 OF 2023 BABURAV FATTU PAWAR

*2* CIVIL APPLICATION NO. 14847 OF 2023 RAUF ABDUL KADAR PATEL CIVIL APPLICATION NO. 14846 OF 2023 CHHAYA PRABHU CHAVAN CIVIL APPLICATION NO. 14855 OF 2023 SHANTILAL DEVSING RATHOD CIVIL APPLICATION NO. 14849 OF 2023 PAVAN DHUMA JADHAV

*3* CIVIL APPLICATION NO. 14851 OF 2023 PUNAMCHAND RAYSING CHAVHAN CIVIL APPLICATION NO. 14854 OF 2023 SUMAN RANGANATH CHAUDHARI CIVIL APPLICATION NO. 14856 OF 2023 MANISHA CHANDRAKANT PIRANE CIVIL APPLICATION NO. 14858 OF 2023 RAMESH MANGILAL LAKHARA CIVIL APPLICATION NO. 14859 OF 2023 PRAVIN GOKUL SATHE

*4* CIVIL APPLICATION NO. 14839 OF 2023 BABAN SHRICHAND CHAVAN CIVIL APPLICATION NO. 14850 OF 2023 ROHIDAS FATTU PAWAR CIVIL APPLICATION NO. 14844 OF 2023 SADHANA SHIVAJI PATIL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Advocate for the Applicants : Shri Shaikh Ashraf Patel. AGP for the Respondents/State : Shri P.K. Lakhotiya. Advocate for Respondent/ ZP, Jalgaon : Shri R.H. Mewara. Advocate for Respondent/ ZP, Aurangabad : Shri V.C. Patil i/by Shri U.B. Bondar.

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ.

DATE :- 14th December, 2023

*5* Per Court :- 1.

These matters are taken up in the Chambers, in lunch recess.

2.

By these Civil Applications, the Applicants are seeking modification of the order dated 29.09.2023 passed in the Writ Petitions and have prayed for an order, which is identical to our order dated 09.11.2023 in Civil Application No.13781/2023 in Writ Petition No.10128/2023 (Chandrakant Mohanrav Lipane vs. The State of Maharashtra and others).

3.

The learned Advocate for the Applicants/ Petitioners concedes that the added Respondent No.6 was the Deputy Director of Education, Aurangabad Division, Aurangabad in some petitions and the Deputy Director of Education, Nashik Division, Nashik in some petitions, and after passing of the order dated 29.09.2023, he realized that the added Respondent did not have the jurisdiction.

4.

In view of the cause set out in these Civil Applications, which is not controverted, the words in the first sentence in paragraph 5(b) of the order dated 29.09.2023, "The Deputy Director of Education, Aurangabad and Nashik Division"

*6* and the words in the first sentence of paragraph 5(c), "the Deputy Director of Education, Aurangabad," shall stand deleted and shall be replaced by the words "the respective Chief Executive Officer, Zilla Parishad".

5.

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.

6.

All these Civil Applications are, accordingly, allowed.

kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)