1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.759 of 2006 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and A.B.Chaudhari, JJ. DATE : February 22, 2007. Heard Mr.R.M.Ahirrao, Counsel for the Petitioners, Mr.Parihar, Assistant Government Pleader for the Respondent Nos. 1 to 5 and Mr. Mokkadum, Counsel for the Respondent No.6. This Writ Petition is directed against the order/communication dt. 29.11.2005 issued by the District Social Welfare Officer, Zilla Parishad, Wardha to the President of the Petitioner-Society whereby the petitioner-Society is informed to hand over possession of the School in question to the respondent no.6 in view of the Government Resolution dt. 22.11.2005. Counsel for the petitioners states that, even if it is presumed that the President of the Petitioner-Society wrote letter dt. 31.12.2004 to the District Social Welfare Officer whereby said Authority was informed that the School in question was closed down, that does not mean that the State Government is entitled to issue a Government 2 Resolution dt. 22.11.2005 without giving opportunity of hearing to the petitioner-Society. In the circumstances, it is contended that the Government Resolution dt.22.11.2005 is violative of principles of natural justice and the order dt. 29.11.2005 also cannot be sustained in law. The Assistant Government Pleader states that the Government has taken a decision only on the basis of the letter written by the President of the Society which was not withdrawn at any point of time before issuing the Government Resolution dt. 22.11.2005. In the backdrop of the above referred facts, the action of the Government of issuing Government Resolution dt. 22.11.2205 is just and proper and is based on the communication issued by the President of the Petitioner-Society and therefore, the Petitioner-Society is stopped from canvassing its grievance that the impugned resolution is violative of principles of natural justice. In the circumstances, no case is made out for showing indulgence. Hence, the Writ Petition is dismissed. JUDGE JUDGE ssj