MANYAR GRAMIN SHIKSHAN PRASARAK MANDAL & ANR. Vs. STATE OF MAHARASHTRA & ORS.
LAWS(BOM)-2017-11-175
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on November 06,2017

Maniyar Gramin Shikshan Prasarak ... Appellant
VERSUS
The State Of Maharashtra And Ors Respondents

JUDGEMENT

SUNIL K.KOTWAL,J. - (1.) The petitioner Educational Institution is aggrieved by the order dated 14/08/2006, passed by the Deputy Director of Education, Latur Division and the consequential order dated 22.08.2006, passed by the Education Officer, Nanded Nagar Parishad, by which, the school operated by the petitioner was transferred to respondent No. 5.
(2.) The petitioner has put forth its prayers in paragraph 39 (B) to (H) which read as under : (B) The order dated 14-08-2006, passed by the learned Deputy Director of Education, Latur division, transferring the Mankarna Prathamik Shala Navi Vasahat Loha, in favour of the respondent no. 5, may please be quashed and set aside. (C) The order dated 22-08-2006, passed by the learned Education Officer, Zilla Parishad, Nanded, transferring the Mankarna Prathamik Shala Navi Vasahat Loha, in favour of the respondent no. 5, may please be quashed and set aside. (D) The respondent no. 5, may please be restrained from interfering in the management of Mankarna Prathamik Shala Navi Vasahat Loha. (E) Appropriate enquiry and Criminal Proceedings may please be initiated, against the persons, submitting the forged and fabricated documents, to the respondent no. 2 and 3. (F) The sale deed/notarized documents, transferring the Mankarna Prathamik Shala Navi Vasahat Lohac to the respondent no. 5, may please be declared void, and the petitioners may please be declared as the institution entitled to manage the Mankarna Prathamik Shala Navi Vasahat Loha. (G) Pending hearing and final disposal of the present writ petition, the effect. operation and execution, of the order dated 22-08-2006, passed by the Education Officer, Nanded Nagarparishad, transferring the Mankarna Prathamik Shala Navi Vasahat Loha, Dist. Nanded, may please be stayed. (H) Pending hearing and final disposal of the present writ petition the respondent no. 5, may please be restrained from interfering in the management of Mankarna Prathamik Shala Navi Vasahat Loha."
(3.) When, this matter was heard by this Court on 29/09/2006, interim relief in terms of prayer clause 'G' and 'H' were granted in favour of the petitioner. Consequentially, the said school is being operated by the petitioner for the last eleven years during the pendency of this petition.;


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