Bombay High CourtWP/3800/2014dispossed offdismiss for default

Rajura Education Society, Through Its President v. Shri Mohan Bhaurao Gadge And Others

2015-09-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp3800.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.3800 OF 2014 (Rajura Education Society, through its President, Rajurabazar ..vs.. Shri Mohan Bhaurao Gadge and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 09-09-2015 Shri Apurv De, learned Advocate for the petitioner has submitted that the Additional Commissioner, Tribal Development has no jurisdiction to entertain and decide the appeal filed by the respondent Nos.1 and 2 under Schedule 18 Rule 11(b) of the Ashram Schools Code. It is further submitted that the joint appeal filed by the respondent Nos.1 and 2 was not maintainable.

Shri V.R. Thute, learned Advocate for the respondent Nos.1 and 2, on instructions, seeks permission to withdraw the appeal which was filed by them, with liberty to avail appropriate remedy according to law.

The respondent Nos.1 and 2 are permitted to withdraw the appeal which was filed by them before the Additional Commissioner, Tribal Development, with liberty to avail appropriate remedy according to law.

2 wp3800.14 As the appeal is withdrawn, the impugned order does not survive.

The petition is disposed accordingly. In the circumstances, the parties to bear their own costs. JUDGE pma