Ahebab Educational Society Thr. Its Secretary Mohd. Rafique Shaikh Idu v. Minority Development Division Thr. Its. Chief Secretary And Others

25.10.wp.1185.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1185/2016 (Ahebab Educational Society vs. Minority Development Division and two others ) .......................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. M.R.Joharapurkar, Advocate for petitioner Mr.Nitin Rode, A.G. P. for respondents 1 and 2 Mr. Ram Karode, Adv.for Respondent No.3.

CORAM : A.S.CHANDURKAR, J.

DATED : 25th October, 2016.

Heard.

In view of averments in paragraph No.18 of the Writ Petition and after perusing the Government Resolution dated 3.10.2013 which provides for a statutory remedy of Appeal against the order impugned in the present Writ Petition, Shri Joharapurkar, learned counsel for the petitioner seeks permission to withdraw the Writ Petition, with liberty to pursue the statutory appeal. He, however, submits that the Appeal be directed to be decided expeditiously.

Shri Nitin Rode, learned Assistant Government Pleader for the respondent nos.1 and 2 and Shri Ram Karode, learned counsel for the respondent no.3, do not dispute that remedy of an Appeal is available to the petitioner.

Hence, the Writ Petition is permitted to be withdrawn with liberty to pursue the Appeal preferred by the petitioner, before the respondent no.2. If such an Appeal is pending before the respondent no.2,

25.10.wp.1185.16 2/2 the same shall be decided expeditiously, within a period of four months after giving due opportunity to all the concerned parties. Authenticated copy be given to the parties.

JUDGE sahare