Disposed

Ajay Avadhbihari Giri v. the State of Maharashtra and Others

Bombay HC25 Jan 2023WP/4519/2022

Case brief

AI extract

What is this about?

This court dismissed the petition as the respondent is a private party under Article 226. However, the court directed the relevant officer to decide the pending representation within a month by passing a reasoned order after following due procedure.

What did the court decide?

Direction to respondent no.2 to pass a reasoned order on the representation dated 09.02.2022 by 31.03.2023 following due procedure.

Ajay Avadhbihari Giri Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2023)

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( 1 )

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918 wp 4519.22

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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918 WRIT PETITION NO.4519 OF 2022

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AJAY AVADHBIHARI GIRI
VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr. Panpatte V.S.
AGP for Respondents/State : Mr. S.G. Sangle

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CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ. DATE : 25^th January, 2023

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P.C. :-

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1.The petitioner desires that this Court should invoke its writ
jurisdiction under Article 226 and issue a Mandamus against a private trust so

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as to transfer the petitioner from the unaided to the aided category.

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2.Considering Article 12 of the Constitution of India and since no
fundamental rights of the petitioner are involved, a writ under Article 226
cannot be issued against a private party. This petition, therefore, cannot be
entertained.

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3.The learned advocate for the petitioner submits that, in the
alternative, the representation dated 09.02.2022 pending before respondent

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no.2 – Deputy Director of Education, Nashik, could be decided.

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( 2 ) 918 wp 4519.22

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4.The learned AGP submits that the representation would be
considered by following the due procedure laid down in law and a decision
could be rendered thereon, within a time frame as directed by the High Court.

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5.In view of the above, this petition is disposed off. Considering the
alternate prayer, we expect respondent no.2 to respond to the representation
dated 09.02.20222 and by following the due procedure laid down in law and
upon considering the stand of all stake holders, pass a reasoned order on the
said representation, on or before 31.03.2023.

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 [SANJAY A. DESHMUKH, J.][RAVINDRA V. GHUGE, J.]

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mub

Ajay Avadhbihari Giri v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Ajay Avadhbihari Giri 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

Statutes considered

Parties & counsel

Coram

Case details

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