{1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4033 OF 2001 Jijamata Bahu Udashaya Gram Vikas Mandal Borgaon BK and KD Dist. Jalgaon PETITIONER VERSUS The State of Maharashtra and others. RESPONDENTS. *** Shri U.K.Patil, AGP for the State. *** Coram : NARESH H. PATIL,J. N.D.DESHPANDE, J. Date: 11th June 2009. P.C.: 01- The petitioner’s case was not recommended by the District Level Committee for starting a school. Whereas the affidavit in reply filed, it is reflected that the case of the respondent was recommended by the District Level Committed as well as Block Development Officer Erandol. The permission was granted in favour of respondent to start Secondary school at village Borgaon BK. It is submitted that the petitioners proposal was for Borgaon KD. It is further contended that the said village does not come {2} under the master plan. Village Borgaon BK comes under the master plan. Therefore the State Government granted permission in favour of the respondent institution. 02- Learned AGP Shri Patil submits that considering the proposal of the respondent, the State Government has granted permission to start a school. The petition was filed in the year 2005. Under order passed on 01-04-2002 we had observed that “in the meanwhile, if the petitioner has submitted a fresh proposal for the academic year 2002-2003 for permission to start a secondary school at village Borgaon [Khurd] or Borgaon [Budruk] the same may be considered on its own merits for the ensuing academic year 2002-2003”. 03- The petition is pending since 2001. The matters is called out, none appears for the petitioner. On merits, we do not find any case for causing interference in the extra ordinary writ jurisdiction under Article 226 of the Constitution of Indian. The petition is dismissed on merits and in default. Rule discharged. [N.D.DESHPANDE] [NARESH H.PATIL] JUDGE JUDGE. /mda/0609/wp4033.01