1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.75 OF 2009 IN WRIT PETITION NO. 1639 OF 2009 WITH WRIT PETITION NO.1639 OF 2009 Laxmi Education Society & Anr. ..Petitioners. v/s. State of Maharashtra & ors. ..Respondents. Mr.N.H.Seervai, Sr.Counsel a/w. S.H.Mehta i/b. Madekar & Co. for Petitioners. Mr.Nilesh Pawaskar, Spl. Counsel a/w. B.H.Mehta, AGP for State. CORAM: A.M.KHANWILKAR & A.P.DESHPANDE, JJ. DATED : DECEMBER 17, 2009. P.C. 1. By the Review Petition, the original Petitioners pray that the order passed by this Court on 18th November, 2009 be recalled. The principal grievance in this Review Petition is that the remedy suggested by way of Appeal is not an efficacious remedy. Besides, it is contended that since this Court has already decided the companion matters and has relegated the 2 parties before the Appropriate Authority, the appropriate course in such a situation would be to relegate the Petitioners before Competent Authority, who is expected to take a decision under section 3 and/or Section 4 of the Act of 1976. That is so because, according to the Petitioners, the question of taking over Management of the School/Junior College will arise only after the Appropriate Authority were to issue directions to the School/Junior Colleges as condition precedent for closure of the School/Junior Colleges and the Management were to refuse to abide by the such directions. Since the issue of closure itself has not attained finality, in view of the decision dated 10th December, 2009 in the Writ Petition, in that sense, the order impugned in the Writ Petition is premature. We are not expressing any opinion on the correctness of this submission as of now; but considering the fact situation of the present case, in the interest of justice, we think it appropriate to recall the order dated 18th November, 2009 passed on Writ Petition No.1639 of 2009. Instead, the said Writ Petition would stand restored to the file to its original number. Accordingly, the Review Petition is allowed with no order as to costs. 2. By consent of both sides, the said Writ Petition is taken up on board forthwith and is disposed of on the following terms: 3 (i) The order passed by the Appropriate Authority dated 25th July, 2008 of taking over the Management and appointment of Administrator is set aside and instead, the Petitioners are relegated before the Appropriate Authority for reconsideration of the proposed action under the Act of 1976. It will be open to the Authority to issue further show cause notice giving additional grounds, if any and after giving sufficient opportunity to the Petitioners, may take appropriate decision, as may be advised. All question in that behalf are left open to be considered on its own merits. (ii) Writ Petition disposed of on the above terms. No order as to cost. A.P.DESHPANDE, J A.M.KHANWILKAR, J