1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5089 OF 2009 Talat Shikshan Mandal, Kabadipura, Aurangabad PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS Mr.A.M.Karad, learned counsel for the petitioner. Mr.V.B.Ghatge, learned AGP for respondent no.1 Mr.A.S.Deshpande, learned counsel for respondent no.2 and 3 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 04/09/2009 PER COURT : 1. This is a petition by which the petitioner seeks transfer of the pending appeals no.3/2008, 4/2008 and 8/2008 filed by respondents no.2,3 and 4 before the Presiding Officer, School Tribunal at Aurangabad. It appears that during the hearing of the aforesaid appeals, an application came to be filed by the present petitioners expressing their lack of confidence in the Presiding Officer in deciding the said appeals. Probably what was hinted in those applications was that the petitioners therein apprehended that the decision of the said appeals would go against them. Be that as it 2 may, learned Presiding Officer of the School Tribunal being perturb by filing of the said application, and rightly so, directed the sine-die adjournment of the aforesaid appeals. The aforesaid appeals have been filed by the respondents i.e. the appellants in the said appeals challenging their termination. Obviously, the respondents stand highly prejudiced on account of the act of the petitioners in filing the said application. 2. The present petition therefore is filed seeking transfer of those pending appeals. Today an affidavit has been tendered by Shri.A.M.Karad, learned counsel for the petitioner in which the petitioner expressed un-conditional apology and seek to withdraw the application tendered by the petitioner dated 24/03/2009 before the Presiding Officer, School Tribunal. The affidavit further states that un-conditional apology would be tendered before the School Tribunal. In the light of the said affidavit, we are inclined to accept the apology tendered by the petitioner before us and also accept the statement of the petitioner that un-conditional apology would be tendered before the Presiding Officer, School Tribunal. In the light of that therefore this petition is withdrawn accepting the un-conditional apology tendered before us. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp5089-09 3