1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.965 OF 2009 Bankati Shivaji Upade and another PETITIONERS VERSUS 1. Education Officer (Secondary) Zilla Parishad, Beed and others RESPONDENTS Mr.Vivek Bhavthankar, learned counsel for petitioners. Mr.N.N.Jadhav, learned AGP for respondent no.1 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 21/08/2009 PER COURT : 1. This is a petition under Article 226 of The Constitution of India, filed by the petitioner, praying for issuance of a writ of certiorari for quashing and setting aside the order dated 19/12/2008 issued by the Education Officer, Secondary, Zilla Parishad, Beed staying the order of approval granted to the appointment of the petitioners as Assistant Teachers in respondent no.3 Vivekanand Vidyalaya, Pimpalgaon Gadhe, Ta.Parli, Dist.Beed. 2. On notice being issued to the respondents, the respondent 2 Education Officer, through the Supdt., has filed his affidavit in reply. In the affidavit in reply at para no.6, it is stated that - In case, if it is found that, in the light of judgment given by the Asstt. Charity Commissioner, the management and the school committee will become valid, then appropriate decision will be taken for deciding validity of claim of the petitioner. In view thereof since there is opportunity to all the parties to adjudicate their claim, the decision will be taken in accordance with law as per the judgment given by the Asst. Charity Commissioner. 3. In the light of the aforesaid statement, Shri.Bhavthankar, learned counsel for the petitioners state that the petitioners may be permitted to withdraw this petition with liberty to file fresh petition, in the event an adverse order is passed by the Education Officer. Accordingly this writ petition is dismissed as withdrawn with the aforesaid liberty. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp965-09