1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2095 OF 2009 (Atmaram Sambhaji Khillari vs. Vasudeo Bhagwan Tayade & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 13, 2010. Heard Shri De, learned counsel for the petitioner, Shri Ghare, learned counsel for respondents No.2 and Shri Jaiswal, learned AGP for respondents No. 3 & 4. After hearing respective counsel on earlier occasion, this Court gave time to both parties to point out documents showing working as Head Master. No documents were filed by 20.07.2010 and again time was given on 22.07.2010 but till date, no documents are filed. The trial Court has passed order on 10.12.2008 and restrained the non-applicants No. 1 to 3 from taking charge from the applicant – plaintiff before it. That applicant – plaintiff is Respondent No. 1 before this Court. The trial Court then granted temporary injunction which was assailed by the petitioner in MCA No. 5 of 2009. That MCA has been dismissed on 27.02.2009. Writ Petition thereafter has been filed and this Court has not passed any interim order. 2 Because of rival contentions, opportunity was given to the parties to produce documents to show that they are working as Head Master. No such documents are produced. Today, Shri De, learned counsel has contended that there is no challenge to transfer order passed by Dr. Deshmukh and the petitioner had already taken over the charge with the help of police. He has invited attention to assertions in this respect as contained in application at Exh. 5 moved by Respondent No.1 and also findings of the appellate Court. He contends that the appellate Court on 10.12.2008 has gone to the extent of holding that charge taken is on the basis of void, illegal and unauthorized transfer order. According to Shri Ghare, learned counsel, courts have considered prevalent history and found that Dr. Deshmukh was not authorized to issue transfer order and Shri Dhengale was only competent person for that purpose. As is apparent, the interim orders are granted by the lower Court and are operating since last more than two years. Though this Court has given an opportunity, no documents have been placed on record to enable it to take different view of the matter. This concurrent consideration cannot be said to be without jurisdiction or perverse. In this situation, I am not inclined to interfere in the matter in writ jurisdiction. Writ Petition is dismissed. The proceedings in Regular Civil Suit No. 3 253 of 2008 are expedited and the concerned Court of Civil Judge, Senior Division, Washim, is directed to decide the same at the earliest. However, in the circumstances of the case, there shall be no order as to costs. JUDGE *GS.