1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2434 OF 1998. 1. Bapurao S/o Ramrao Patil, Age 45 years, Occ.Agril. R/o Dhanora (bk.) Taluka Ahmedpur, Dist. Latur. 2. Bhagwat S/o Narayan Pagdale, AGe 65 years, Occ.Agriculture, R/o Dhanora (bk.) Taluka Ahmedpur, Dist. Latur. ...Petitioners. Versus 1. The State of Maharashtra. 2. The Deputy Director of Education, Aurangabad Region, Aurangabad. 3. The Education Officer (Secondary),Zilla Parishad, Latur. 4. Samarth Shikshan Prasarak Mandal, Hadolti, Taluka Ahmedpur, Dist. Latur, through its Secretary Manchak S/o Kashiram Pawar, Age 40 years, Occ. Service, R/o Hadolti Tq. Ahmedpur, Dist. Latur. 5. Vasant Vidyalaya, Dhanora (bk.) Taluka Ahmedpur, Dist. Latur, through its Head Master. ... Respondents. 2 Mr.S.V.Chandole, advocate for the petitioners. Mr.V.D.Rakh, Asstt.Govt. Pleader for the State. Mr.V.G.Sakolkar, advocate for the Respondent No. 4. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 15.07.2010. ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1. The petitioners take exception to the order dated 27.5.1998, issued by the Respondent NO.2 granting permission to the Respondent No.4 to transfer the School from Dhanora (bk.), Tq. Ahmedpur, Dist.Latur to village Hipalgaon Taluka Ahmedpur, Dist. Latur. It is the case of the petitioner that at village Dhanora, there is no other School and they are all agriculturists residing in the said village and their children are taking education in the Respondent No.5 School. Considering the need of the locality and the natural growth of the students, the permission was granted to the Respondent No.5 to run the School in the said Dhanora (bk.) village. The transfer of the said School would adversely 3 affect the interest of the students and in the nearby vicinity of the said village Dhanora, there is no other School. 2. This Court vide its order dated 19.6.1998 had stayed the impugned order of the transfer of the said School and the said School is being run at village Dhanora (bk.), it would not be appropriate to unsettle the said position after a period of 12 (twelve) years. It is stated by the learned counsel that the School is being run smoothly in the said village and also need of the School in the said village. Taking into consideration all the aforesaid facts we are inclined to allow the petition. 3. In light of the above premise, we quash and set aside the impugned order and make Rule absolute in terms of prayer clause (B). However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp243498 4