Dismissed

Shri Balaji Typewriting Institute Beed through Proprietor / Principal B M Bhavar v. the State of Maharashtra and Others

Bombay HC20 Jun 2019CA/8315/2018

Case brief

AI extract

What is this about?

The Division Bench dismissed a writ petition filed by a typewriting institute against the State of Maharashtra. The court held that disputed questions of facts existed in the record and, under Article 226 of the Constitution, the court cannot adjudicate such disputes, rendering the petition unentertained.

What did the court decide?

The petition was dismissed as the Court could not deal with disputed questions of facts.

Shri Balaji Typewriting Institute Beed through… — Service and Employment | Bombay HC (2019)

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913-WP-193-15.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 193 OF 2015 WITH

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CA/8315/18 IN WP/193/15

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Shri Balaji Typewriting Institute, Kada

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..PETITIONER

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VERSUS

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State of Maharashtra and Others

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..RESPONDENTS

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Mr. A.N. Nagargoje, Advocate for petitioner Mr. S.D. Ghayal, A.G.P. for respondent nos. 1 to 3 Mr. N.K. Tungar, Advocate for respondent no.4 Mr. S.G. Chapalgaonkar, Advocate for respondent nos. 5 and 6

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CORAM : P.B. VARALE AND R.G. AVACHAT, JJ. DATED : 20^th JUNE, 2019

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PER COURT :

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Petition was heard extensively by us. The record was produced before this Court in response to order of Division Bench dated 13^th March, 2019.

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Our attention was invited by learned A.G.P. to the documents in the record and also reference of the documents in the petition and affidavitin-reply. The screening committee constituted for consideration of the proposals for opening of new typewriting institutions in its minutes of meeting referred to a letter submitted by petitioner. The affidavit-in-reply

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1 / 2

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913-WP-193-15.odt

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filed on behalf of Respondent No.4 takes a stand that petitioner was an employee working with Respondent No.4 for sometime as an instructor. The screening committee refers to a letter submitted by petitioner withdrawing his claim. The screening committee, in view of letter submitted by petitioner, reconsidered the proposal. Now this very letter is heavily criticized by learned Counsel for petitioner, submitting before us that such letter had never been submitted by petitioner to screening committee.

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Now there are two divergent sets of facts and these facts are disputed questions of facts. This Court, while exercising its powers under Article 226 of Constitution of India, can certainly not extend the scope so as to deal with the disputed questions of facts raised before this Court. There are other disputed questions of facts also submitted and countered by the parties, as such Court cannot entertain the petition. On this ground itself the petition is dismissed.

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In view of dismissal of petition, no order is required to be passed in pending application. Civil application, therefore, is disposed of.

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( R.G. AVACHAT, J. ) ( P.B. VARALE, J. )

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SSD

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Shri Balaji Typewriting Institute Beed through Proprietor / Principal B M Bhavar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shri Balaji Typewriting Institute Beed through Proprietor / Principal B M Bhavar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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