Namdeo Kenda Barela v. The State Of Maharashtra Through Secretary And Others

2023:BHC-AUG:26134-DB ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.14581 OF 2023 IN WP/12300/2023 BHAYARAM GULABSING BARELA 937 CIVIL APPLICATION NO.14583 OF 2023 IN WP/12462/2023 LAKADYA MAHARU BARELA 938 CIVIL APPLICATION NO.14586 OF 2023 IN WP/12459/2023 MAHAMMAD BIRHAM TADAVI 939 CIVIL APPLICATION NO.14588 OF 2023 IN WP/12461/2023 NAMDEO KENDA BARELA 940 CIVIL APPLICATION NO.14590 OF 2023 IN WP/12702/2023 SUDAM DALSING RATHOD

( 2 ) 941 CIVIL APPLICATION NO.14591 OF 2023 IN WP/12291/2023 ARUN GYANSING BARELA 942 CIVIL APPLICATION NO.14593 OF 2023 IN WP/12303/2023 NANSING MOHANSING BARELA 943 CIVIL APPLICATION NO.14594 OF 2023 IN WP/12452/2023 VILAS NATHU PATIL 944 CIVIL APPLICATION NO.14595 OF 2023 IN WP/12228/2023 945 CIVIL APPLICATION NO.14596 OF 2023 IN WP/12266/2023 RAJENDRA KISAN ROTE 946 CIVIL APPLICATION NO.14597 OF 2023 IN WP/12218/2023

( 3 ) SAYSING JAGANSING BARELA 947 CIVIL APPLICATION NO.14598 OF 2023 IN WP/12227/2023 MANOJ ASHOK PATIL ...

Advocate for Applicants : Shaikh Ashraf Patel AGP for Respondents/State : S/Shri P.S. Patil, S.K. Tambe and Smt. Priya Bharaswadkar ...

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

DATE : 8th December, 2023 P.C. :- 1.

The learned advocate for the Petitioners apologetically submits that it was not brought to the notice of the Court that it is the C.E.O. of the respective Zilla Parishad who has to take a call on the cause set out by the Petitioners. This Court has passed orders on 09.10.2023 and 11.10.2023 in the respective petitions. He submits that he realized later on that the Deputy Director of Education, Aurangabad Division / Nashik Division does not have jurisdiction.

( 4 ) 2.

In view of the cause set out, the Civil Applications are allowed. 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.

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

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub