VASANTRAOJI NAIK MAGASVARGIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner educational institute assails order dated 2.8.2002 passed by respondent no.1 allowing respondent no.3 to open a school in its vicinity. This Court did not grant any interim order and hence, S.L.P. No. 21327/02 was preferred before the Hon " ble Apex Court. Leave was granted and it came to be registered as Civil Appeal No. 4016/03. Apex Court on 22.11.2002 granted interim relief to petitioner and hence, school of respondent no.3 could not commence.

(2.) Civil Appeal No. 4016/03 has been disposed of by Apex Court on 6.5.2003 by observing that interim order dated 211.2002 passed by it shall enure to the benefit of parties till disposal of Writ Petition.

(3.) Accordingly, we have heard Mr. A.P. Darda, learned Advocate for petitioner, Ms. T.H. Khan, learned A.G.P. for respondent nos. 1, 2 & 4 and Mr. A. Parchure, learned Advocate for respondent no.3 rival school. Nobody appears for respondent no.5. Mr. A. Parchure upon instructions states that as school could not commence for past more than 15 years, respondent no.3 in changed situation now does not find any point in establishing one more school in that area. According to him, school can be now conveniently located in adjacent area where there is need. He adds that respondent no.3 shall accordingly move respondent nos. 1 & 2 for necessary permission but then permission, if granted, should be on no grant basis.