Dr. Rekha Harshawardhan Wankhede v. State Of Maha., Through Its Secretary, Higher And Technical Education Department, Mumbai And ORS

wp.1846.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

WRIT PETITION NO. 1846 OF 2022 Dr. Rekha Harshawardhan Wankhede ..Petitioner versus State of Maharashtra and Others ..Respondents Mr. A.R. Ingole, Advocate for Petitioner Mr. N.S.Rao, Assistant Government Pleader for Respondent Nos. 1, 2 and 5 ...

CORAM: NITIN JAMDAR & ANIL L. PANSARE,JJ DATED : 05 APRIL 2022.

P.C. :

Heard the learned Counsel for the parties.

2.

The petition itself discloses that there are dispute within the trustees. According to the Petitioner, the group of trustees who had instituted an inquiry against the Petitioner were not authorised trustee and, therefore, action was illegal. In light of the dispute inter se between the trustees and that now a direction is sought by the Petitioner for a monetary benefit, it is necessary that the Trust is properly represented.

3.

We note that Petitioner has joined the Trust as party-

wp.1846.22 Respondent and the address given is through its Secretary as B-3/8 Patrakar Sahniwas, Civil Lines, Amravati Road, Nagpur. As regards query as to what is the official address of the Trust, nothing is disclosed in the petition memo. The communication issued by the University to the Trust is not on the address given in the petition but it is through the Respondent no.4-College. Therefore, it appears that the Petitioner has joined the Trust through private address of Secretary, which could be supporting the Petitioner. We do not approve of such drafting and on this ground itself, we would have dismissed the writ petition as attempt to mislead the Court without any further opportunity. However since the learned Counsel for the Petitioner has tendered an unconditional apology, we dispose of the writ petition observing that if the Petitioner seeks to file a petition afresh, the Petitioner shall join all the necessary contesting parties through their proper addresses.

[ANIL L. PANSARE,J.] [NITIN JAMDAR,J.] sahare BHAGWANTRAO SAHARE Location: