Dismissed

Azaz Kibriya Khan S/O Mohd. Maqsood Ali Khan and Another v. the State of Maharashtra, through Its Secretary and 16 Others

Bombay HC28 Aug 2012WP/4688/2011

Case brief

AI extract

What is this about?

Petitioners challenged the appointment of Assistant Teachers, claiming lack of prior permission under Section 41-A of the Bombay Public Trusts Act. The Court dismissed the writ petition, holding that disputed questions of fact could not be resolved in writ jurisdiction.

What did the court decide?

Writ petition dismissed with no order as to costs.

Azaz Kibriya Khan S/O Mohd. Maqsood Ali Khan and… — Writ and Judicial Review | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Writ Petition No. 4688 of 2011

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Azaz Kibriya Khan s/o Maqsood Ali Khan & anr.

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...Versus...

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State of Maharashtra & ors.

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Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directio ns and Registrar's orders.

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Mr. P.B. Patil Advocate for the Petitioners. Mr. Deshpande, AGP for Respondents 1 to 4. Mr. V.K. Paliwal Advocate for Res. 5,6,11,12,16 & 17. Mr. Rohit Deo Advocate for Res. no.10.

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CORAM : Smt. Vasanti A. Naik & Sunil P. Deshmukh, JJ.

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DATE : 28.08.2012.

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By this petition, the petitioners seek a declaration that

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the appointments of the respondents 7 to 15 as Assistant Teachers are void and illegal because respondent no. 6 was not competent to appoint the respondents 7 to 15 without prior permission of the Joint Charity Commissioner.

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It is the case of the petitioners who claim to be the trustees of respondent no.6- Trust that the Joint Charity Commissioner by the order dated 9.5.2000 passed in the proceedings under Section 41-A of the Bombay Public Trusts Act had restrained the respondent no.6 from making any appointment without prior permission of the authority. It is the case of the petitioners that the appointments of the respondents 7 to 15 are made without the prior permission of the authority and this fact is proved in view of the report of the enquiry conducted by the Education Officer.

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It appears on hearing the learned counsel for the parties that there is a dispute in the management of the respondent no.6Trust. There are two groups in the Trust. The Joint Charity Commissioner had passed an order on 9.5.2000 in the proceedings under Section 41-A of the Bombay Public Trusts Act. If the petitioners are of the view that the orders of the Joint Charity Commissioner are not followed by the respondent no. 6, the petitioners have a remedy to approach the appropriate authority under the Bombay Public Trusts Act. The petitioners could have as well filed appropriate proceedings before the Joint Charity Commissioner where the matter in regard to Change Report is pending.

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The petition involves several disputed questions of facts

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which cannot be resolved in exercise of writ jurisdiction. Hence, the writ petition is dismissed with no order as to costs.

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JUDGE JUDGE

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/TA/

Azaz Kibriya Khan S/O Mohd. Maqsood Ali Khan and Another v. the State of Maharashtra, through Its Secretary and 16 Others

Case brief

What is this about?

What did the court decide?

Azaz Kibriya Khan S/O Mohd. Maqsood Ali Khan and Another v. the State of Maharashtra, through Its Secretary and 16 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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