Bombay High CourtCAO/355/2025dismissed

Darshanlal Nandlal Malhotra v. State Of Maharashtra, Thr. Secretary, School Education And Sports Dept., Mumbai And Others

2025-04-24Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 904-mcast 6361-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION ST. NO. 6361/2025 IN CIVIL APPLICATION (CAO) NO. 355/2025 IN WRIT PETITION NO.

3567/2024 Yash Narendra Dorle Vs. State of Maharashtra, Through Secretary, School Education and Sports Department and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.B. Dhore, Advocate for Applicant Ms. T.H. Khan, AGP for Respondents / State CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 24th APRIL, 2025 1.

Heard Mr. Dhore, learned counsel for the applicant. The applicant seeks modification of the order dated 03.03.2025 in respect of Civil Application (W) No. 2427/2024 by which the application for intervention by the present applicant came to be rejected, in view of the fact, that the new body had been formed and a change report under Section 22 of the Maharashtra Public Trusts Act, had been filed in which the applicant was not a party. It is contended, that there is rival change report filed by the applicant also under Section 22 of the Maharashtra Public Trusts Act, which is also pending

2 904-mcast 6361-25.odt and, therefore, the observations in para no. 1 of the order dated 03.03.2025, would come in the way of the applicant in getting the change reports filed by the applicant decided. In our considered opinion, the apprehension is not well founded for the reason, that if the applicant has filed change report, the same will have to be decided in terms of the mandate and procedure as indicated by Section 22 of the Maharashtra Public Trusts Act on its own merits. That being the position, we are not inclined to entertain the application. The same is dismissed. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 24/04/2025 16:33:46