:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION (L) NO.1730 OF 2008 PETITION (L) NO.1730 OF 2008 PETITION (L) NO.1730 OF 2008 WITH WITH WITH APPEAL APPEAL APPEAL NO. 299 OF 2008 NO. 299 OF 2008 NO. 299 OF 2008 Laxmi Education Society ..Petitioner V/s The Director of Education, Pune and others ..Respondents WITH WITH WITH WRIT WRIT WRIT PETITION (L) NO. 1753 OF 2008 PETITION (L) NO. 1753 OF 2008 PETITION (L) NO. 1753 OF 2008 Laxmi Charitable trust, a Educational Trust, Mumbai .. Petitioner V/s State of Maharashtra and others .. Respondents. Mr.Rafiq Dada, Sr. Counsel a/w M.P.S. Rao, Sr.Counsel i/b A. G. Kothari for the petitioner in WPL No. 1730. Mr. Girish Kulkarni a/w Sandeep Dadwal for the petitioner in WPL No.1753/2008 Mr. R.A. Dada, Sr. Counsel a/w M.P.S. Rao, Sr. Counsel i/b Prakash Mahadik for applicant in APP.299/08 Mr. S.J. Sawant, Sr. Counsel a/w Geeta Shastri, AGP for respondnetnO.1 Mr. Sunil Dighe for respondentNo.4 in APP. 299/08 Teachers. CORAM CORAM CORAM : : : SRI R.M.S. KHANDEPARKAR AND SRI R.M.S. KHANDEPARKAR AND SRI R.M.S. KHANDEPARKAR AND SRI SRI SRI A.A. SAYED, JJ. A.A. SAYED, JJ. A.A. SAYED, JJ. DATE DATE DATE : 18TH JULY, 2008 : 18TH JULY, 2008 : 18TH JULY, 2008 P.C. 1. Since common question of law and facts arise :2: in both the petitions, they were heard together and decided. 2. The learned Sr. Counsel appearing for the respondent-Government on instructions makes a statement that the order dated 10-7-2008 which is impugned in this petition stands withdrawn and the concerned officer of the Government will hear all the interested parties including the petitioner, teachers and the owner of the property. 2. Mr. C.J. Sawant, Sr. Counsel waives notice on behalf of respondent. Mr. Kulkarni, learned Counsel waives notice for the owner of the property and Sunil Dighe, learned advocate waives notice for the teachers. 3. In relation to the said institution the hearing to be given to the parties on Monday i.e.21st July, 2008 at 3 p.m. in the office of Deputy Director, Charni Road, Mumbai. 4. The parties to appear before the concerned office on Monday i.e. 21st July, 2008 at 3 p.m. :3: 5. We accept the said statement on behalf of the parties and further observe that in case the decision happens be adverse to the petitioner or any other parties to the hearing the same should not be given effect for a period of 3 days from the date of service of order of the said decision on the concerned party. The Advocates for the parties consented to receive the copy of the decision on behalf of their parties. In view of what has transpired in the Court and is observed above, the learned Counsel for the petitioner craves leave to withdraw the petition, with liberty to approach the Court if need arise. 6. We make it clear that we have not expressed any opinion on any of the points sought to be raised in the matter and all the issues are kept open. 7. While accepting the statement as above and the observations made as above, the petition is disposed of as withdrawn with the said liberty. :4: (R.M.S. (R.M.S. (R.M.S. KHANDEPARKAR, J.) KHANDEPARKAR, J.) KHANDEPARKAR, J.) ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)