1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 2145 OF 2001 Vipul s/o Vishwanath Bhujbal ...Petitioner VERSUS The State of Maharashtra & ors. ...Respondents ..... Shri S.T.Shelke, advocate for the petitioner Shri D.V.Tele, A.G.P. for respondent nos. 1 and 2 Shri Tambe, advocate holding for Shri R.N.Dhorde, advocate for respondent no.3 ..... CORAM : S.B.DESHMUKH AND SHRIHARI P.DAVARE, JJ. DATED : 11th November, 2009 PER COURT : 1 Advocate Shri Shelke for the petitioner tendered additional affidavit in rejoinder. Accepted and taken on record. Copy is served to learned A.G.P. Shri D.V.Tele, who appears for respondent nos. 1 and 2. 2 2 We have heard learned counsel Shri S.T.Shelke for the petitioner. Perused the petition and the affidavit in reply filed by the Assistant Director of Ayurved, Maharashtra State, Pune. 3 Shri Shelke, learned counsel for the petitioner also pointed out order passed by the Presiding Officer, University and College Tribunal, Pune dated 26.4.2002 in Appeal No. 27 of 2001. The petitioner in para 3 of the petition has stated that Writ Petition was filed in this court and the learned Division Bench of this court permitted the petitioner to approach the College Tribunal under Section 65 of the Maharashtra Universities Act, 1994. This was the order passed on 10.4.2000. In view of this order, the petitioner approached the College Tribunal by way of Appeal No. 27 of 2001. The petitioner has also succeeded in that appeal. Copy of the judgment is annexed at Exh.’A’ with the petition. This order seems to have been passed by learned Presiding Officer, Pune/Shivaji University and College Tribunal,Pune on 26.4.2001. 4 Counsel for the petitioner seeks liberty of this court to approach the Civil Court for refund of the fees, which the petitioner was compelled to pay to the College concerned and damages. 3 5 In view of the submission of the counsel appearing for the petitioner and in view of the fact and circumstances of present case, in our opinion,such liberty can be granted and petition can be disposed of being infructuous. 6 Writ Petition stands disposed of as infructuous. However, we make it clear that liberty is granted in favour of the petitioner to approach the Civil Court seeking damages and refund of the fees which were required to be paid by the petitioner. No costs. (SHRIHARI P. DAVARE, J.) (S.B.DESHMUKH, J.) dbm/2145.01