1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION O. NO.854/2010 IN M.C.A. (REVIEW) ST. NO.11230/2010 IN WRIT PETITION NO.1338/2010 (Bhandara Education Society, Bhandara vs. The 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 : FEBRUARY 9, 2011 Heard Shri Gupte, learned Counsel for the applicant, and Shri Rode, learned Assistant Government Pleader for the respondent nos. 1 to 3. Civil Application No.854/2010 is moved by the applicant seeking condonation of delay in filing review petition. We have considered the contentions canvassed by the learned Counsel for the applicant. For the reasons stated in the civil application, delay is condoned. The civil application is allowed. 2 Heard review petition on merits. Shri Gupte, learned Counsel for the petitioner, states that Writ Petition No.1338/2010 filed by the petitioner came to be disposed of by order dated 29/3/2010 in view of order dated 29/3/2010 passed in Writ Petition No.1330/2010. It is submitted that order dated 29/3/2010 has no nexus with the cause of action involved in Writ Petition No.1338/2010. In that view of the matter, the order under review cannot be sustained in law. The following facts are not in dispute : The petitioner had applied for permission to start Higher Secondary School for academic session 2008-09. The application of the petitioner was rejected by the State Government and, therefore, petitioner filed Writ Petition No. 1338/2010. It is no doubt true that so far as order dated 29/3/2010 is concerned, it appears that it has no nexus with the cause of action involved in Writ Petition No.1338/2010 and, therefore, that order cannot be sustained in law. However, so far as claim of the petitioner is concerned, it pertains to the year 2008-09 and, therefore, it is not possible for us to 3 show indulgence and it is always open for the petitioner to apply afresh for the permission to the competent Authority to start new Higher Secondary School for the relevant year. With these observations, the review petition is disposed of. JUDGE JUDGE khj