(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 9327 of 2009 (In Writ Petition No. 5802 of 2008) Secretary, Mahatma Fule Youak Vikas Mandal, Dhule, Pitambar s/o. Tarachand Khairnar, .. Applicant Age : 49 years, (Respondent no.3 Occupation : Service & Social work, in W.P. ) R/o. 78, Ramnagar, Wadibhokar Road, Deopur, Dhule-MS. versus 1. Smt. Vasibai w/o. Ramesh Valvi, Occupation : Household, R/o. Nala, Taluka : Akkalkuwa, District : Nandurbar. 2. Shri Raju Bhurya Valvi, Occupation : Agriculture, R/o. Amli, Taluka : Akkalkuwa, District : Nandurbar. 3. Smt. Hirubai w/o. Barya Valvi, Occupation : Household, R/o. Amli, Taluka : Akkalkuwa, District : Nandurbar. 4. Ashok Ranchod Tadvi, Occupation : Agriculture, R/o. Pohara, Taluka : Akkalkuwa, District : Nandurbar. (2) 5. The State of Maharashtra, Through Secretary, Social Justice, Special Assistance Department, Mantralaya, Mumbai-32. 6. The District Social Welfare Officer, Class-A, Zilla Parishad, Dhule. 7. Kai Mansaheb Minatai Thakare Niwasi Matimand Vidyalaya, Junawane, Taluka & District : Dhule. .. Non-applicants. ....................... Mr. D.K. Dagadkhair, Advocate, for the applicant. Mr. S.S. Patil, Advocate, for non-applicant nos.1 to 4. Mrs. V.A. Shinde, Assistant Government Pleader, for non-applicant no.5. Mr. D.S. Bagul, Advocate, for non-applicant no.6. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 5TH JANUARY 2010 COURT'S ORDER : 1. By the present application, the applicant (respondent no.3 in Writ Petition) is seeking vacation of stay order dated 5th February 2009 passed in Writ Petition No. 5802/2008, under which this court had issued (3) Rule and granted ad interim relief in terms of prayer clauses "C" and "D" of the petition. The applicant is also seeking vacation of stay confirmed vide order dated 8th May 2009 passed in Civil Application No. 2754/2009. 2. The present applicant is in administration and management of a school for handicapped students. The applicant, who is original respondent no.3, had moved the State Government, seeking permission to shift the school from one place to another. The same was granted by the State Government. However, the action on the part of the State Government, permitting transfer of the school, came to be challenged by filing the present petition. In the writ petition, rule came to be issued and interim relief, in the nature of stay to the transfer of the school, was granted vide order dated 5th February 2009. Thereafter, the present applicant moved an application for vacating the interim order. However, the said application came to be rejected by a speaking order dated 8th May 2009 and the ad interim relief granted earlier was confirmed. 3. According to the learned Counsel appearing for the applicant, the applicant challenged the order dated 5th February 2009 and 8th May 2009, by filing a Special Leave Petition before the Apex Court. The present applicant, for reasons best known to it, chose to withdraw the Special Leave Petition by seeking liberty to approach the High Court with a view to point out that the school was already, in fact, transferred before grant of interim relief. After withdrawing the Special Leave Petition, the present application has been moved. (4) 4. This very point was raised and canvassed while arguing Civil application No. 2754/2009 by the learned Counsel appearing for the present applicant, by contending that the school is already shifted and hence there cannot be stay of transfer of the school. However, after considering the said submission, prayer for vacating the stay order has been rejected. In that view of the matter, it is crystal clear that nothing new has been brought before this court in the form of changed circumstances to reconsider the prayer for vacating the interim order. 5. In the result, there being no merit in the application, the same is rejected. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca9327