Hanuman Shikshan Prasarak Mandal Solapur Thr. Jt. Secretary And Hm Arun Sadashiv Dhotre v. Hanuman Shikshan Prasarak Mandal Solapur Thr. Secretary Vasant Sadashiv Dhotre And ORS

by SWAROOP SHARAD PHADKE Date: 2023.04.17 18:25:21 +0530 SWAROOP SHARAD PHADKE 13 ia 2352 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2352 OF 2023 IN WRIT PETITION NO.14565 OF 2022 Hanuman Shikshan Prasarak Mandal ...

Applicant/Petitioner versus State of Maharashtra and Ors.

...

Respondents Mr. Ashok Tajane i/by Ms. Kavita P. Shinde for Applicant/Intervener. Mr. Sachin S. Punde, for Petitioner.

Ms. Madhubala Kajle, B Panel Counsel for Respondent Nos.1, 2, and 4.

CORAM:

N.J.JAMADAR, J.

DATE :

13 APRIL 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

This application is preferred to intervene in Writ Petition No.14565 of 2022 filed by Hanuman Shikshan Prasarak Mandal assailing the order passed by the Competent Authority and the Commissioner for Persons with Disability, Maharashtra State, Pune, cancelling the registration granted to the Petitioner to operate a Children's Home.

3.

The Applicant claims to be the Secretary of the Petitioner's Trust. Mr. Tajane, learned Counsel for the Applicant submits that the Applicant supports the impugned order.

4.

Evidently, there seems to be a dispute inter se between the office bearers SSP 1/2

13 ia 2352 of 2023.doc of the Petitioner Trust. This implies that the interest of the Applicant is adverse to that of the Petitioner.

5.

In the circumstances, it is not necessary to implead the Applicant as party to this proceeding to test the legality, propriety and correctness of the order passed by the Competent Authority. The Applicant is, however, at liberty to advance the submissions in opposition to the Petition. 6.

The Application stands disposed.

Writ Petition No.14565 of 2022 7.

Heard the learned Counsel for the Petitioner. 8.

Issue Notice to the Respondents, returnable on 8 June 2023. 9.

The learned AGP waives service of notice on behalf of Respondent Nos.1, 2 and 4.

10.

In addition to notice through Court, the Petitioner is at liberty to serve Respondent No.3 by private service and file an Affidavit of Service. ( N.J.JAMADAR, J. ) SSP 2/2