AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7975 OF 2008 Vishwanath Adurkar. ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Ms. Indrayani M. Koparkar for the petitioner. Ms. M.P. Thakur, A.G.P. for the State. Mr. M.S. Topkar for respondent 5. Mr. R. D. Suryawanshi for the intervenor. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 26TH AUGUST, 2009. P.C.:- 1. The petitioner claims to be a Trustee/Member of the Vinobha Bhave Shikshan Prasarak Mandal Sanstha (for short, “the said Sanstha”). It is a public trust registered under the Bombay Public Trusts Act, 1950. The case of the petitioner is that some members of the said Sanstha acted highhandedly by keeping the petitioner and other members of the trust and villagers in dark and transferred the management of the school of the said Sanstha to AJN 2 respondent 5 i.e. The Peth Vadgaon Shikshan Prasarak Mandal Sanstha, without prior permission of the Charity Commissioner. 2. It appears that respondent 3 i.e. the Deputy Director of Education, Kolhapur Division, Dist. Kolhapur had passed an order dated 9/5/2005 directing transfer of the management of the said Sanstha to respondent 5. Admittedly, the said order was challenged by the petitioner by filing a writ petition in this court being Writ Petition No.2782 of 2006. The said petition was dismissed by the Division Bench of this court (V.G. Palshikar & V.R. Kingaonkar, JJ.) by observing that the petition involves disputed questions of facts which cannot be decided in writ jurisdiction. 3. Thereafter, various representations were made against the said transfer. A hearing was held before the Minister, School Education and Sports, on 26/7/2007. According to the petitioner, decision was taken in that AJN 3 meeting that the said transfer was illegal. On 9/10/2007, the Deputy Director, Education, Kolhapur Divison, Dist. Kolhapur passed an order that the said transfer is illegal and, hence, needs to be cancelled. 4. It appears that on 16/10/2008, yet another order came to be passed whereby transfer of management of the school of the said Sanstha to respondent 5 vide order dated 9/5/2005 was confirmed without referring to the previous order dated 9/10/2007. It is in these circumstances that the petitioner has approached this court. Learned counsel for the petitioner submitted that the entire exercise gives rise to suspicion. Learned counsel for the contesting respondents have denied all allegations. 5. Looking to the nature of allegations, in our opinion, interest of justice would be served if the Director of Education is asked to pass a fresh order after giving hearing to all concerned i.e. the petitioner, respondents 5 AJN 4 and 6. 6. Learned counsel for the petitioner says that on behalf of the petitioner, a representation will be submitted to the Director, Education, Kolhapur Division, Dist. Kolhapur, stating all facts within a period of two weeks from today. The Director, Education, Kolhapur Division, Kolhapur shall then hear all concerned and pass appropriate orders independently without being influenced by any orders passed earlier, within a period of three months from the date of receipt of the petitioner’s representation by him. We make it clear that all contentions of both sides are kept open. We have not expressed any opinion on the merits of the case. Till such time as the Director of Education, Kolhapur Division, Kolhapur passes appropriate order, the parties shall maintain status quo. 7. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]