1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION W. NO.850 OF 2011 IN WRIT PETITION NO.3600 OF 2010 (Swargiya Laxmanrao Zurmure Memorial Society vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : APRIL 20, 2011 Heard Shri Parchure, learned Counsel for the petitioner, and Mrs. Deshpande, learned Assistant Government Pleader for the respondents. Civil Application No.850/2011 is moved by the petitioner for recalling of the order dated 22/3/2011 passed by this Court whereby Writ Petition No.3600/2010 came to be disposed of as infructuous on the ground that proposal of the petitioner Society for running the School, which was de-recognised way back in 1996-97, came to be rejected. 2 Shri Parchure, learned Counsel for the petitioner, states that during the pendency of the petition, the petitioner moved a civil application after order of rejection came to be passed by the competent Authority, seeking permission to amend the petition, which was granted by this Court and by the proposed amendment, the petitioner has already raised challenge to the said order of rejection. It is further submitted that the petition was accordingly amended and, therefore, the petition did not become infructuous. In these circumstances, it is prayed that order dated 22/3/2011 passed by this Court may be recalled and Writ Petition No.3600/2010 may be restored to the file of this Court. Mrs. Deshpande, learned Assistant Government Pleader for the respondents, does not dispute the factual aspect of the matter. It is submitted that the aforesaid facts were not brought to the notice of this Court at the time of hearing of the petition. In the backdrop of the above referred facts, it appears that the order whereby petitioner was permitted to raise challenge to the order of 3 rejection of the proposal was not brought to the notice of this Court at the time of hearing of the petition and, therefore, in the circumstances, we recall the order dated 22/3/2011 passed by this Court and restore Writ Petition No.3600/2010 to the file of this Court. The civil application is allowed in the above terms. JUDGE JUDGE khj