Dismissed

Shree Devdatta Sevabhavi Sanstha Thr Its Administrative Officer Kalya Dnyanoba Wadmare v. the State of Maharashtra and Others

Bombay HC9 Feb 2022WP/8749/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the issuance of a Letter of Intent for opening a college. The grievance was redressed as the applicant raised the deficiency w.r.t infrastructure itself. The court held that the petitioner has an independent remedy to seek approval. Accordingly, the cause of action does not survive and the petition was disposed off.

What did the court decide?

Cause of action disposed off.

Shree Devdatta Sevabhavi Sanstha Thr Its… — Service and Employment | Bombay HC (2022)

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937-wp-8749 OF 2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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937 WRIT PETITION NO.8749 OF 2021

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SHREE DEVDATTA SEVABHAVI SANSTHA THR ITS ADMINISTRATIVE
OFFICER KALYA DNYANOBA WADMARE
VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr. Kamble Shirish M.
AGP for Respondents : Mr. P.K. Lakhotiya
Advocate for Respondent No.4 : Mr. S.S. Tope
Advocate for Respondent No.5 : Mr. S.A. Wakle

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CORAM : A.S. GADKARI &
 S.G. MEHARE, J.J.

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 DATED : 09th FEBRUARY, 2022

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P.C.:-

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1.Mr. Ganesh Gangaram Warvade, Secretary of respondent
no.5 has filed affidavit dated 15.09.2021. To the said affidavit, a
letter dated 13.09.2021 signed by him and addressed to the Registrar
of the respondent no.4 – University is annexed. In the said letter,
respondent no.5 has categorically stated that, they are unable to
provide basic infrastructure for establishing the said college and
therefore, Letter of Intent issued by the respondent no.1 be cancelled.
It is further stated that, at Nirgudi, Taluka Patoda, District Beed, if
Letter of Intent is granted to any other institution, respondent no.5
will not be having any objection for the same.

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2.In view thereof, the grievance of the petitioner that Letter

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937-wp-8749 OF 2021.odt

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of Intent/Recognition dated 17.05.2021 issued in favour of
respondent no.1 has wrongly been issued is redressed and prayer
clause (B) of petition further does not survive.

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3.As far as prayer clause (C) is concerned, learned counsel
for respondent no.4 – University brought to our notice that by
communication dated 26.02.2021 addressed by the Registrar of
respondent no.4 to the respondent no.1, the deficiencies of the
petitioner have been brought to its notice. It is the reason for not
granting Letter of Intent or permission to the petitioner for opening a
college at Nirgudi, Taluka Patoda, District Beed has been highlighted.

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In view thereof, the petitioner is having independent
remedy for seeking approval/Letter of Intent in it’s favour.

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4.The cause of action for filing present petition hereinafter
does not survive and is accordingly disposed off.

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(S.G. MEHARE. J.)

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(A.S. GADKARI, J.)

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Mujaheed//

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Shree Devdatta Sevabhavi Sanstha Thr Its Administrative Officer Kalya Dnyanoba Wadmare v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shree Devdatta Sevabhavi Sanstha Thr Its Administrative Officer Kalya Dnyanoba Wadmare v. the State of Maharashtra and 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

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