Mahadev Sadashiv Ghope v. State Of Maha., Thr. Its Secretary Dept. Of School, Education And Sport, Mumbai And ORS.

2024:BHC-NAG:1523-DB 1 910-wp 850.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 850 OF 2024 ( Shri Mahadev Sadashiv Ghope vs. The State of Maharashtra and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. S.K.Bhattacharya, Advocate for the petitioner. Mr. H.D.Marathe, AGP for respondent Nos.1 to 4. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : FEBRUARY 06 , 2024 Heard learned counsel for the petitioner. A prayer of the petitioner is for declaration that the governing body of respondent No.5 trust, which is manned by the other private respondents is illegal and the School i.e. respondent No.6 managed by the alleged office bearers i.e. respondent Nos.7 to 12 of respondent No.5 trust had no authority to take decision. 2) The petitioner, claims to be an employee of respondent No.5 trust, whose services are already terminated. He can be termed as a 'person interested'.

3) In the aforesaid background, we are of the view that not only the petitioner lacks the locus in preferring the present writ petition, thereby invoking writ jurisdiction of the Court, but also in our opinion the writ petition cannot be said to be maintainable for the relief as has been claimed, as the provisions of Maharashtra Public Trust Act, 1950 provides for appropriate remedy.

4) That being so, the present writ petition stands disposed of. No costs.

( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. ) KOLHE