Shobha Shankarrao Akhade And Others v. State Of Maharashtra, Thr. Secretary, School Education Department, Mumbai And Others
2026:BHC-NAG:3331-DB 110-WP-3394-2026.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 3394 of 2024 Shobha Shankarrao Akhade and others vs.
The State of Maharashtra and others.
------------------------------------------------------------------------------------------------------- Ms Smita Dashputre, Advocate for petitioners. Mr I. J. Damle, AGP for respondent nos. 1 to 4. Mr. S.D.Abhyankar, Advocate for caveator/respondent no.5. ------------------------------------------------------------------------------------------------------- CORAM :- ANIL S. KILOR and RAJ D. WAKODE, JJ. DATE :- 25th FEBRUARY, 2026.
P. C.
Heard Ms Dashputre, the learned counsel for the petitioners, Mr. Damle, the learned AGP for respondent nos. 1 to 4 and Mr. Abhyankar, the learned counsel who appears on caveat for respondent no.5.
2.
The petitioners seek challenge to the order dated 9th November, 2023 passed below Exhibit 4 in Appeal No.39 of 2022 by the Joint Charity Commissioner, Nagpur Region, Nagpur.
3.
The order was passed on 9th November, 2023 the petitioners have approached this Court seeking a challenge to the aforesaid order by filing the present writ petition on 5th February, 2024 and the same is listed today for issuance notice/admission and further appropriate interim order.
4.
The order dated 9th November, 2023 impugned in the present writ petition is an interim order. The respondent no.2-learned Joint Charity Commissioner in para no.2(operative portion) of the aforesaid order has recorded that now the appeal is listed for final hearing on 07.12.2023 and the parties were directed to co-operate in deciding the appeal as early as possible.
110-WP-3394-2026.odt 2 5.
Mr. Abhyankar, the learned counsel appearing on behalf of the respondent no.5, submits that in view of the interim order passed in the appeal, the appeal should have been decided by now. However, till date the appeal is not decided.
6.
The grievance of the petitioners regarding the interim order dated 9th November, 2023 has lost its efficacy by the passage of time as the interim order is operation for almost three years. 7.
In view of above, we dispose of the present writ petition with a direction to the learned Joint Charity Commissioner, Nagpur Region, Nagpur, to decide Appeal No. 39 of 2022 within a stipulated time of three months from the date of receipt of order of this Court. 8.
The petitioners undertake to produce copy of the order passed by this Court before the respondent no.2 within a period of one week from today, with a request for grant of early hearing in the aforesaid appeal.
9.
Needless to mention that we have not heard the present writ petition on merits and all the issues raised in the present petition are kept open.
10. With these observations and directions, the writ petition is disposed of. No order as to costs.
( RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Andurkar.
Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 26/02/2026 10:31:13