1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6339 OF 2009 1. Nardana Shikshan Prasarak Mandal, Nardana, Taluka Shindkheda, District : Dhule, Through its President, 2. The Head Master, Vikas Urdu Madhyamik Vidyalaya, Nardana, Taluka Shindkheda, District : Dhule PETITIONERS VERSUS 1. The State of Maharashtra through its Secretary, School Education Department, Mantralaya, Mumbai 2. The Education Officer ( Secondary) Zilla Parishad, Dhule. RESPONDENTS Mr.S.R.Barlinge, learned counsel for the petitioners. Mr.S.V.Kurundkar, learned AGP for respondent no.1 and 2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 01/10/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the 2 stage of admission. 2. We have heard Shri.Barlinge, learned counsel for the petitioners and learned AGP on behalf of respondent no.1 and 2. 3. By this petition under Article 226 of The Constitution of India, the petitioners pray for quashing and setting aside the communication dated 09/08/2006 revoking the permission granted to the petitioners for starting Secondary School at Nardana, Tal.Shindkheda, Dist. Dhule on 16/05/2006. 4. It appears that the aforesaid impugned order dated 09/08/2006, by which the permission granted to the petitioners on 16/05/2006 came to be revoked, was passed on the basis of the judgment rendered by the Division Bench of this Court at Nagpur in Writ petition no.2897/2006. The Division Bench had directed cancellation of the permission and closure of the Institution. It also appears that subsequently the aforesaid judgment rendered by the Division Bench of this Court in W.P. No.2897/2006 was the subject matter of challenge before the Supreme Court and the Supreme Court by its judgment dated 16/01/2008, has quashed and set aside the said judgment of this Court. Since the judgment of Division Bench of this Court on the basis of which the impugned order has been issued, is no longer existing as the same has been set aside by the Supreme Court, we inclined to allow this petition. In fact the impugned order in no uncertain terms states pursuant to that 3 directions by the Division Bench of this Court in W.P.No.2897/2006, the impugned order is being issued revoking the permission and directing the closure of the Institution. 5. We accordingly allow this petition and quash and set aside the impugned order. Rule is thus made absolute on the terms indicated above with no order as to costs. Copy of this order duly authenticated by the Shirastedar of this Court be provided to either counsel to act upon. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT 2009/wp6339-09