Bombay High CourtCAW/1039/2016ca disposed off

Hazrat Dada Hayat Kalandar Education Society, Mangrulpir Thrugh Its Secretary, Ab. Waheed Ab. Rashi v. The State Of Maharashtra Through Principal Secretary, School Education Department, Mumbai And 3 Oth

2016-06-08Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain2 pages

WP256.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO.1039 OF 2016 IN WRIT PETITION NO.256 OF 2015 Hazrat Dada Hayat Kalandar Education Society, Mangrulpir, thr its Secretary ..vs..

The State of Mah., thr Principal Secretary, School Education Department, Mantralaya, Mumbai and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri R.D. Karode, counsel for the applicant.

Shri F.T. Mirza, counsel for the petitioner.

Shri A.S. Fulzele, AGP for R-1 to 3.

CORAM

: B.P. DHARMADHIKARI & KUM. I.K. JAIN, JJ.

DATED : JUNE 8, 2016.

Learned counsel Shri F.T. Mirza for the petitioner fairly gives his no objection. Hence, Civil Application No.1039 of 2016 is allowed. The applicant therein is added as respondent No.5 in the present writ petition. Necessary amendment be carried out within a period of one week from today with liberty to added respondent No.5 to file his reply within a further period of three weeks.

Civil Application (CAW) No.1040 of 2016 This application is moved by added respondent No.5 seeking dismissal of the writ petition. The writ .....2/-

WP256.15 petition has been filed by the petitioner-trust through its Secretary Ab Waheeb Ab Rashid. The contention of added respondent No.5 is that said person is not the Secretary of the Trust and the writ petition as filed by him on behalf of the trust is not maintainable.

The civil application shall be considered at the stage of final hearing.

JUDGE JUDGE !! BRW !!

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