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Bombay High CourtWP/10342/2013dismissed

Shri Mauni Maharaj Shikshan Prasarak Mandal, Mathgaon, Through President, Shri. Shripati Abaso Pati v. The State Of Maharashtra, Through Secretary, School Education And Sports Dept And ORS

2019-01-25Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

(921) wp-10342-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10342 OF 2013 Shri Mauni Maharaj Shikshan Prasarak Mandal ... Petitioner Vs The State of Maharashtra through its Secretary, School Education and Sports Department and Ors.

... Respondents Mr.Vikrant A. Desai h/f S.M. Kamble for the Petitioner. Mr.V.M. Mali, AGP for the State.

CORAM : S.C. DHARMADHIKARI & M.S. KARNIK, JJ.

FRIDAY, 25th JANUARY, 2019 P.C. :

Having heard both sides and perusing the order under challenge, we are of the firm view that this writ petition filed on 23rd September, 2013 to challenge a communication dated 30th June, 2008 cannot be entertained. Now a decade and more has gone by and as it is when the petition was brought, it was five years and more after the impugned order. In the circumstances, no useful purpose will be served by scrutinising the order on M.M.Salgaonkar Page 1 of 2

(921) wp-10342-13.doc merit. The writ petition deserves to be dismissed on the ground of delay and laches. The writ petition offers no explanation virtually for this unexplained and prolonged delay. Resultantly, the writ petition is dismissed. There will be no order as to costs. [M.S.KARNIK, J.] [S.C.DHARMADHIKARI, J.] M.M.Salgaonkar Page 2 of 2