Mahadeo Ramchadnra Kamble v. Ramlal Tikaram Choudhari And Others

wp2560.16 + ONE 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2560/2016 MAHADEO RAMCHANDRA KAMBLE AND OTHERS Vs.

KALYAN LALUJI DONGRE AND OTHERS.

WRIT PETITION NO. 2562/2016 MAHADEO RAMCHANDRA KAMBLE AND OTHERS Vs.

RAMLAL TIKARAM CHOUDHARI & OTHERS ------------------------------------------------------------------------------------------------------------------------- Office notes Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A.M.Gordey, Sr.Advocate with Shri A.P.Thakare, Advocate for petitioners.(in both petitions) Shri V.K.Paliwal, Advocate for respondent nos.1 & 7. Shri S.Bissa, Assistant Government Pleader for respondent nos. 8 and 9. CORAM : A.S.CHANDURKAR, J.

DATED : July 02, 2019 Heard Shri A.M.Gordey, learned Senior Advocate for the petitioners along with Shri A.P.Thakare, Advocate, Shri V.K.Paliwal, learned counsel for respondent nos.1 and 7 and Shri S.Bissa, learned Assistant Government Pleader for respondent nos.8 & 9. On hearing learned counsel for the parties, it is seen that the proceedings under Section 72 of the Maharashtra Public Trusts Act, 1950 are pending before the District Court, Bhandara wherein the impugned orders granting interim relief in those appeals came to be challenged in the present writ petitions. While issuing notice, this Court had stayed the interim orders passed in those applications but had restrained the petitioners from taking any policy decision and from making any further

wp2560.16 + ONE 2/2 appointments in the Schools administered by the Trust. Similarly, the petitioners were restrained from taking any disciplinary action against the employees working in the schools or from transferring them. These interim orders are operating for more than three years. The interests of justice would be served by directing expeditious disposal of the applications that are pending before the District Court. Accordingly the following order is passed :

(i) The proceedings in MJC Nos.3/2015 and 4/2015 pending before the District Court, Bhandara are expedited and the same be decided on their own merits and in accordance with law, by the end of October, 2019.

(ii) The interim arrangement as per order dated 28.06.2016 shall continue to operate during the pendency of the said applications without prejudice to the rights and contentions of the parties. All the points on merits are kept open. The writ petitions are disposed of in the aforesaid terms. No costs.

JUDGE Andurkar.