Pooja Shikshan Sanstha, Tumsar, Bhandara, Thr. President, Mahabirprasad T. Agrawal And ORS. v. State Of Maharashtra, School, Education And Sports Dept., Mumbai Thr. Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3266/2025 Pooja Shikshan Sanstha, Tumsar and others Vs. State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. A.A.Sambaray, Advocate for petitioners.

Mr. HarshvadhanDhumale, AGP for the respondent nos.1 to 3. CORAM : NITIN W. SAMBRE & SACHIN S. DESHMUKH, JJ. DATE : JUNE 25, 2025.

1.

Heard.

2.

Issue notice to the respondents, returnable on 16th July, 2025. 3.

Mr. Harshvadhan Dhumale, learned Assistant Government Pleader waives service of notice on behalf of the respondent nos.1 to 3. 4.

Service upon respondent no.4 is permitted by all modes. 5.

We have perused the notice dated 24th June, 2024 issued by the respondent no.4 to the owner of the property where the school in question is situated. The notice speaks of the direction to demolish the structure on the ground that it is dilapidated condition. However, the exception has been carved out in favour of the petitioners society, as the school building occupied by the petitioners has not been directed to be demolished. 6.

It appears that a structural inspection was carried out by a private technical expert engaged by the petitioners, and the said reported was subsequently placed before the respondent no.4. The Engineer of the respondent no.4 has endorsed the findings of this report. 7.

In such an eventuality, we fail to understand what prompted the respondent nos.1 to 3 to initiate such a drastic action against the petitioners by issued the impugned communication.

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That being so, there shall be no coercive action whatsoever against the petitioners till the returnable date.

(SACHIN S. DESHMUKH, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 25/06/2025 14:33:39