: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1794 OF 2009 IN WRIT PETITION NO. 1467 OF 2009 The Eastern English Acdemy ...Applicant (Orig. Respondent No.5.) Vs 1. Sharada Shikshan Prasarak Mandal & ors. ...Respondents (No.1 & 2 Orig.Petnrs. and 3 to 7 ori. respdts) Mr. Rajhans for the applicant. Mr. S.S,Pakale for the petitioners. Mr. S.R. Nargolkar, AGP, for the respondents No. 1 to 4. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 24TH JULY, 2009. P.C.: 1. Mr. S.R. Nargolkar, the learned Assistant Government Pleader makes a statement that the impugned orders dated 14th February, 2003 and 25th August, 2006 are being withdrawn by the State Government as stated in the : 2 : Affidavit filed by Shri Sanjay Kumar, Secretary, School Education & Sports Department. The said statement is accepted. In view of the fact that the impugned orders have been withdrawn by the State Government, Mr. S.S. Pakale, learned counsel for the petitioners states that he may be allowed to withdraw Writ Petition No.1467 of 2009. Even otherwise, the said Writ Petition is rendered infructuous because the impugned orders are no more in operation. 2. So far as Civil Application No.1794 of 2009 filed by the applicant viz. The Eastern English Academy is concerned, by the said Civil Application the applicants are seeking permission to continue the functioning of the said school. But since we have noted that the impugned orders which were in favour of the applicant – The Eastern English Academy have been withdrawn by the State Government, the applicants are at liberty to challenge the said withdrawal of the impugned orders separately. However, at present, since in our view there is no permission by the State Government in favour of the Institution to run the school or granting approval to the school, the above Civil Application cannot be entertained. As stated above, the Eastern English Academy is at liberty to challenge the orders independently by separate proceedings. : 3 : 3. Writ Petition No.1467 of 2007, the above Civil Application and Civil Applications No.1608 of 2009, accordingly, stand disposed of. Sd/- Sd/- (R.M. SAVANT) (S.B. MHASE, J.)