Ku. Meenakshi Dashrathji Fukate v. Divisional Social Welfare Officer, Amravati And 3 Others

0704wp5205.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.5205 of 2013 (Ku. Meenakshi Dashrathji Fukate v. Divisional Social Welfare Officer, Amravati, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri P.S. Patil, Advocate for Petitioner.

Shri A.D. Sonak, AGP for Respondent Nos.1 and 4. Shri S.M. Vaishnav, Advocate for Respondent Nos.2 and 3. Coram : R.K. Deshpande, J.

Dated : 7 th April, 2015 Heard the learned counsels appearing for the parties. Shri Sonak, the learned AGP for the respondent Nos.1 and 4, submits that the Competent Authority to entertain, try and decide the appeal challenging the order of otherwise termination of the petitioner dated 20-11-2009 is the Divisional Social Welfare Officer under the Handicapped School Code. Shri Vaishnav, the learned counsel for the respondent Nos.2 and 3, does not dispute this position.

The added respondents have in fact nothing to do with such otherwise termination by the respondent Nos.2 and 3. In view of the aforesaid position, Shri Patil, the learned counsel for the petitioner, seeks permission to withdraw this petition with liberty to file an appeal before the Divisional Social Welfare Officer challenging the order of otherwise termination dated 20-11-2009. There cannot be any objection in granting such liberty.

Hence, the petition is permitted to be withdrawn with liberty to file an appeal in accordance with law. All the questions

0704wp5205.13.odt are left open to be agitated in such appeal.

The petition is disposed of as withdrawn with the aforesaid liberty.

Judge.

Lanjewar