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Bombay High CourtWP/15146/2023disposed off

Babasaheb Uttamrao Tidke v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-12-11Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2023:BHC-AUG:25920-DB *1* 5wp15146o23aca14779o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.15146 OF 2023 BABASAHEB UTTAMRAO TIDKE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS.

WITH CIVIL APPLICATION NO.14779 OF 2023 IN WRIT PETITION NO.15146 OF 2023 BABASAHEB VAIJENATH TIDAKE

VERSUS

BABASAHEB UTTAMRAO TIDKE AND OTHERS ...

Shri M.S. Karad, Advocate i/by Shri S.S. Thombre, Advocate for the Petitioner.

Shri P.K. Lakhotiya, AGP for Respondent 1/State. Shri S.R. Kedar, Advocate for the Applicant/ Intervenor. ...

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

DATE :- 11th December, 2023 Per Court :- 1.

Not on the Board. Mentioned. Taken on the Production Board.

2.

The learned Advocate for the Petitioner submits, on instructions, that as the election to the School Management

*2* 5wp15146o23aca14779o23 Committee is already over, the Petitioner desires to withdraw this petition and avail of a remedy as may be permissible in law. 3.

In view of the above, this Writ Petition is disposed off as withdrawn, on instructions.

4.

We make it clear that we were to deal with the locus-standi of the Petitioner in filing this petition and the maintainability of the petition directly filed in the High Court. These two issues are, therefore, kept open to be considered if the Petitioner, files any proceeding before any Court, in future. 5.

The pending Civil Application would not survive and stands disposed off.

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