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Bombay High CourtCAW/38/2016dispossed offdismiss for default

President, C. P. And Berar Education Society, Nagpur And Another v. The Presiding Officer, School Tribunal, Nagpur And Others

2016-01-13Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice P.N. Deshmukh2 pages

13.1CAW.37.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO. 37/16 IN WRIT PETITION NO. 2654 OF 1997. (President, C.P. & Berar Education Society & another .vs. The Presiding Officer, School Tribunal, Nagpur & others) WITH C.A.W. NO. 38/16 IN WRIT PETITION NO. 2655 OF 1997. (President, C.P. & Berar Education Society & another .vs. The Presiding Officer, School Tribunal, Nagpur & others) WITH C.A.W. NO. 39/16 IN WRIT PETITION NO. 147 OF 1998. (C.P. & Berar Education Society & another .vs. The Presiding Officer, School Tribunal, Nagpur & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Gaurav Belsare, Advocate for applicants, Mr. M.K. Pathan, A.G.P. for respondent no.1.

CORAM : B.R. GAVAI & P.N. DESHMUKH, JJ.

DATED : JANUARY 13, 2016.

The learned Counsel for the petitioners have filed Civil Applications for withdrawal of the power for the petitioners. Along with the applications, the applicants have also filed a copy of the registered notice served upon the petitioners and the acknowledgements in token of receipt thereof by the petitioners. The applications are, therefore, allowed. The Advocates are discharged from their appearances.

The petitions basically challenge the order passed by the learned School Tribunal on 23.6.1997. The dispute before the learned Tribunal was with regard to seniority of the teachers. The period of about 20 years has lapsed therefrom. It appears

13.1CAW.37.16 that by now all the teachers in between whom there was a dispute regarding seniority must have retired from service. In that view of the matter, nothing remains for adjudication in the present petitions. It also appears that in view of this position, though the notice is duly served upon the petitioners, in order to avoid payment of unnecessary fees to the lawyers, they might not have put in their appearance. In that view of the matter, we find that the petitions deserve to be disposed of for want of prosecution. The petitions are disposed of as such.

Judge Judge J.