The High Court rejected a writ petition challenging a 2011 school transfer order. The court declined to interfere due to excessive delay and laches, noting the respondent had been operating the school at the transferred place for three years based on the valid order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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929 wp.4489.14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 4489 OF 2014
SANT BHAGWAN BABA SHIKSHAN PRASARAK MANDAL VERSUS THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioners : Mr. Vitthal M. Chate. AGP for Respondent / State : Mr.S.G.Karlekar.
CORAM : R. M. BORDE and V. L. ACHLIYA, JJ. DATE : 02nd August, 2014.
P.C.:
. The order of transfer of a school issued in the year 2011, is subjected to challenge in the petition presented in the year 2013. On the basis of order of transfer of the school issued by the State Government, the Respondent No.5 is operating the school at the transferred place from last three years. On account of delay and laches, we declined to cause interference in exercises of extraordinary writ jurisdiction under Article 226 of the Constitution of India. The petition stands rejected.
ndm
1 issue framed by the court
Whether interference in the extraordinary writ jurisdiction under Article 226 of the Constitution of India is warranted given the delay and laches in challenging the transfer order.
1 provisions across 1 enactments
SANT BHAGWAN BABA SHIKSHAN PRASARAK MANDAL
THE STATE OF MAHARASHTRA
R. M. BORDE
V. L. ACHLIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
