1 wp5309.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.5309/2009 ( Mrs. Maria LCP Monterio Partner ..V/s.. Nagpur Municipal Corporation, through its Municipal Commissioner +1 ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.C. Mehadia, counsel for petitioner. Mr. S.K. Mishra, counsel for respondent no.1. Mr. S.P. Bhandarkar, counsel for respondent no.2. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 17 th DECEMBER, 2009 . Heard Mr. Mehadia learned counsel for petitioner, Mr. Mishra learned counsel for respondent no.1 and Mr. Bhandarkar learned counsel for respondent no.2. The writ petition is directed against the order dated 4/12/2009 issued by Municipal Commissioner, Nagpur whereby the petitioner is asked to close down the school. Looking to the cause of action involved as well as the other aspects related to the case, we were not inclined to show any indulgence in the matter. However, since the fate of about 180 children taking education in the Primary School is concerned; in the interest of justice we think it proper not to give effect to the impugned communication in the middle of the academic session since students those who are taking 2 wp5309.09.odt education are not at fault. Similarly, the parents of the students those who are spending money on the education of their children will also be put to great financial loss apart from the fact that the children will loose their one year. Taking into consideration all these factors, we direct the respondent no.1 not to give effect to the impugned communication dated 4/12/2009 till 31st of May 2010. The said information shall be made known to the parents of the students those who are taking education in the school well in advance by the petitioners. With these observations and directions writ petition is disposed of. It is made clear that the impugned communication dated 4/12/2009 shall come into force w.e.f. 21st May 2010. JUDGE JUDGE Tambaskar.