1 W.P. 4475/1997 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4475 OF 1997 Madhukar Vishwanath Chidrewar & Oths. .... PETITIONERS VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. R.R.Suryawanshi , Advocate for petitioner. Mr. N.B.Patil, Assistant Govt. Pleader for State. Mr. S.D.Karkare, Advocate holding for Mr. P.K.Joshi, Advocate for resp.no. 4. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 06/07/2010 ORAL ORDER : [ PER – B.R. GAVAI, J. ] 1. By way of present petition, the petitioner challenges the order dated 18/9/1996 passed by respondent no. 1 thereby granting permission to respondent no. 4 to run Ashram school at village Bothi. 2. However, in view of subsequent amendment which became necessary on account of subsequent developments, it reveals that vide order issued by the Govt. dated 18/10/1996 permission has been granted to respondent no. 4 to shift Ashram School at Loni, Tq. Udgir. The petitioner has 2 W.P. 4475/1997 also prayed for grant of permission to the petitioner Society to run Ashram School at village Bothi. 3. Mr. Suryawanshi, the learned counsel for the petitioner submits that respondent no. 1 to 3 have committed illegality in granting permission to respondent no. 4 to start school at village Bothi and and subsequent illegality in permitting the said school to be transferred at Loni. 4. Mr. N.B.Patil, the learned Assistant Govt. Pleader submits that shifting of school by respondent no. 3 to Loni was necessitated since the villagers in village Bothi did not permit respondent no. 3 to run the school at Bothi. The learned Assistant Govt. Pleader on instructions states that the school is running properly at Loni and there are no complaints regarding its functioning. 5. Any interference by this Court in the functioning of the school at Loni which is situated at a distance of about 80 Km. from Bothi would seriously prejudice the interest of the students, who are taking education. We are, therefore, not inclined to interfere with the impugned order by which permission was granted to respondent no. 3 to shift said school at Loni. However, the respondents are directed to consider the proposal of the petitioner for starting the school at Bothi in as much as at the relevant time village Bothi was included in the Master Plan. 6. Needless to state that the proposal of the petitioner would be considered in accordance with law. 3 W.P. 4475/1997 7. The petition is disposed off. Rule is discharged. However, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 4475.97