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Bombay High Court

SHRI DATTA SHIKSHAN PRASARAK MANDAL SHIROL THR. PRESIDENT MAHESH DATTA KALEKARversusTHE STATE OF MAHARASHTRA THR. SECRETARY THE SCHOOL EDUCATION AND SPORTS DEPT. AND ORS.

Disposal
Disposed Off

Holding

The Court held that the Government resolutions disqualifying the petitioners were illegal as they were issued without affording a hearing and therefore the names of the institutions must be deleted from the list of schools affected.

Summary

The petitioners, a group of private educational institutions, challenged two Government Resolutions dated 1 April 2026 and 2 April 2026 that disqualified them from receiving grant‑in‑aid on the ground of alleged non‑compliance with assessment norms. The State argued that the institutions could apply for registration under the Maharashtra Self‑Financed Schools (Establishment and Regulation) Act, 2012 and that students would be absorbed elsewhere if the institutions were closed. The Court observed that the schools had existing permissions and recognitions, and that no record showed three consecutive years of non‑compliance; moreover, the resolutions were passed without affording a hearing, violating principles of natural justice and the rule of law. Referring to its earlier decision in Writ Petition No. 1932 of 2026 and to the Supreme Court’s ruling in S.G. Jaysinghani v. Union of India, the Court held that the State must not enforce the disqualification orders. Consequently, the Court directed the Government to delete the petitioners’ institutions from the list of schools affected by the resolutions and allowed the institutions to continue operating. The writ petitions were disposed of with no order as to costs.

Issues considered

  • Whether the State Government’s resolutions disqualifying the institutions from grant‑in‑aid without a hearing violate principles of natural justice.
  • Whether the resolutions are valid under the Maharashtra Self‑Financed Schools (Establishment and Regulation) Act, 2012 and the Secondary School Code.
  • Whether the petitioners are entitled to continue receiving grant‑in‑aid and to retain their recognition.

Legislation cited

  • Maharashtra Self‑Financed Schools (Establishment and Regulation) Act, 2012

Subjects

  • grant‑in‑aid
  • natural justice
  • rule of law
  • administrative discretion
  • education institutions
  • Maharashtra
  • writ petition
  • recognition

Judgment

                                                     wp-918-2026.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO.1971 OF 2026

Datta Shikshan Prasarak Mandal                    ...Petitioner
Through its President
Mahesh Datta Kalekar
        Versus
The State of Maharashtra & Ors.                   ...Respondents
                              WITH
                  WRIT PETITION NO.2012 OF 2026

Higher Education Society Shirala                  ...Petitioners
Through Chairman & Ors.
        Versus
The State of Maharashtra & Ors.                   ...Respondents
                             WITH
             WRIT PETITION (STAMP) NO.3936 OF 2026

Ramraje Jr. College of Arts, Commerce          ...Petitioners
and Science, Dapoli Dist. Ratnagiri
Through its Principal,
Vedika Chetan Rane & Anr.
        Versus
The State of Maharashtra & Ors.                ...Respondents
                                 WITH
             WRIT PETITION (STAMP) NO.3631 OF 2026

Halkarni Bhag Shikshan Prasarak Mandal,           ...Petitioners
Through Chairman Vijay Manilal Shah & Ors.
        Versus
The State of Maharashtra & Ors.                   ...Respondents
                                WITH

             WRIT PETITION (STAMP) NO.3673 OF 2026

Janata Shikshan Sanstha Kotoli & Ors.             ...Petitioners


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        Versus
The State of Maharashtra & Ors.                  ...Respondents
                             WITH
                 WRIT PETITION NO.2026 OF 2026

Dnyansamwardhini Shikshan Sanstha, Shirwal      ...Petitioners
Through its President/Secretary & Anr.
        Versus
The State of Maharashtra & Ors.                 ...Respondents
                                WITH
                  WRIT PETITION NO.2027 OF 2026

Maharashtra Shikshan Mandal, Kolhapur          ...Petitioners
Through its President/Secretary & Anr.
        Versus
The State of Maharashtra & Ors.                ...Respondents
                                WITH
             WRIT PETITION (STAMP) NO.3947 OF 2026
                              (not on board)
Atpadi Education Society, Atpadi                 ...Petitioner
        Versus
The State of Maharashtra & Ors.                  ...Respondents
                             WITH
             WRIT PETITION (STAMP) NO.4045 OF 2026
                              (not on board)
Atpadi Education Society, Atpadi                 ...Petitioner
        Versus
The State of Maharashtra & Ors.                  ...Respondents
                             WITH
             WRIT PETITION (STAMP) NO.4005 OF 2026
                              (not on board)
Late Balwantrao Patil Shikshan                   ...Petitioner
Prasarak Mandal, Khupire
        Versus
The State of Maharashtra & Ors.                  ...Respondents
                             WITH
             WRIT PETITION (STAMP) NO.4006 OF 2026
                              (not on board)
Rashtriya Shikshan Sangh                         ...Petitioner


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        Versus
The State of Maharashtra & Ors.                      ...Respondents
                                   WITH

             WRIT PETITION (STAMP) NO.4004 OF 2026
                              (not on board)
Dnyansanwardhini Education Society, Shirwal             ...Petitioner
          Versus
The State of Maharashtra & Ors.                         ...Respondents
                                ——————
Mr. Arvind G. Ambetkar a/w Surekha H. Kamble, for the Petitioner in
WP/1971/2026.
Mr. S. B. Kalel, AGP, for the Respondent-State in WP/1971/2026.

Mr. Chetan G. Patil a/w Prathamesh P. Magadum & Bhushan S. Jadhav,
for the Petitioners in WP/2012/2026.
Ms. T. J. Kapre, AGP, for the Respondent-State in WP/2012/2026.

Mr. S. B. Talekar a/w Saurabh Veer & Vishakha Patil i/b Talekar &
Associates, for the Petitioners in WPST/3936/2026.
Ms. T. J. Kapre, AGP, for the Respondent-State in WPST/3936/2026.

Mr. Chetan G. Patil a/w Prathamesh P. Magadum & Bhushan S. Jadhav,
for the Petitioners in WPST/3631/2026.
Mr. V. M. Mali, AGP, for the Respondent-State in WPST/3631/2026.

Mr. Chetan G. Patil a/w Prathamesh P. Magadum & Bhushan S. Jadhav,
for the Petitioners WPST/3673/2026.
Mr. S. B. Kalel, AGP, for the Respondent-State WPST/3673/2026.

Mr. Prashant Bhavake, for the Petitioners in WP/2026/2026 &
WP/2027/2026.
Mr. S. B. Kalel, AGP, for the Respondent-State in WP/2026/2026
WP/2027/2026.

Mr. S. B. Talekar a/w Saurabh Veer & Vishakha Patil i/b Talekar &
Associates, for the Petitioner in WPSt/3947/2026 & 4045/2026,
4005/2026, 4006/2026 & 4004/2026.
Mr. A. P. Vanarase, AGP, for the Respondent-State in WPSt/3947/2026.
Ms. T. J. Kapre, AGP, for the Respondent-State in WP/4045/2026 &
WPST/4006/2026.
Ms. S. N. Deshmukh, AGP, for the Respondent-State in WP/4005/2026.


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Mr. V. M. Mali, AGP, for the Respondent-State in WPST/4004/2026.

                               ——————

                                  Coram :       Madhav J. Jamdar &
                                                Pravin S. Patil, JJ.

                                  Date      :   May 8, 2026.

ORAL JUDGMENT (PER : PRAVIN S. PATIL. J.) :

1.    By these writ petitions, challenge is to the Government Resolutions

dated 01.04.2026 and 02.04.2026, whereby the State Government has

taken a decision to disqualify the petitioner-institutions from receiving

grant-in-aid on the ground that they repeatedly failed to comply with the

norms prescribed for the assessment of the institutions to receive grant-

in-aid from State Government.

2.    It is also held that the petitioners would be at liberty to move

applications on or before 30th April 2026 for registration of the schools

under the provisions of the Maharashtra Self-Financed Schools

(Establishment and Regulation) Act, 2012. The Government further held

that, in case the petitioners failed to move such applications on or before

30th April 2026, the students of the schools would be absorbed in nearby

schools or other schools run by local authorities.

3.    It is noted by this Court from the submission made by the parties

that their schools received the permission from the State Government



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long back and after granting permission, Education Department has

granted recognition to the schools by invoking the powers available

under the provisions of Secondary School Code. As such, as on date, their

status is of recognized schools. Under the provisions of Secondary School

Code, the mechanism is provided for withdrawal of recognition of the

schools. However, in the present case, without taking the recourse of said

provisions, directly, the State Government has passed the order of

withdrawing their recognition and absorbing the students in the other

schools. In our considered opinion, before taking such decision, the

respective schools and the teachers as well as students, who are

prosecuting their studies in the schools, the fate of staff working in the

schools, whether there are availability of neighboring schools to absorb

the students ought to have been looked into the matter and for this

purpose, hearing opportunity ought to have been granted to them. For

the perusal, the details of the school when it was permitted to start and

present status is reproduced as under:



                          Name of         Name of the School        Date of        Status of grant-in-aid         Sr. No. in
 Writ Petition No.      Educational                               permission                                     impugned
                         Institution                             /recognition                                   Government
                                                                                                                 Resolution

  WP/1807/2026         Noor-Ul-Huda         Urdu Secondary       04.09.1987      Held Eligible for partial     02.04.2026
                     Education Society,   School, New Shelagi                       grant-in-aid vide           Sr. No. 156
                         Akkalkot                                                Government Resolution
                                                                                   dated 06.02.2023

  WP/1875/2026         Phaltan Urdu       Urdu primary School,   14.06.2016     Proposal for Grant-in-aid is    01.04.2026
                     Education Society,         Phaltan                                  pending                Sr. No. 212
                         Phaltan




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       WP            Lavel Vibhag      Vishwanath Vidyalaya      17.12.2007      Proposal for Grant-in-aid is     02.04.2026
  ST/3481/2026     Shikshan Prasarak    Va Kai. Pa Shri Tatha                             pending                 Sr. No.208
                     Mandal, Lavel      Anna Saheb Behere
                                             Kanishtha
                                           Mahavidyala,
        WP ST       Datta Shikshan          Vitthal Patil        01.09.2009      Proposal for Grant-in-aid is     02.04.2026
      3479/2026    Prasarak Mandal,    Madhyamik Vidyalaya                                pending                  Sr.No.222
                        Panutre          Va Junior College,
                                                 Kale
 WP ST            Sharada Shikshan     Swami Vivekanand         30.08.2002       Proposal for Grant-in-aid is   02.04.2026
 1876/2026        Prasarak Mandal,     Vidyalaya,                                pending                        Sr. No. 230
                  Yadhwantnagar

 WP ST            Rukminibai Mate      1. Ma. Balaso Mate        15.10.2009      Proposal for grant in aid      02.04.2026
 3593/2026        Shikshan Sanstha,    Madhya. V. Uccha                          rejected. Writ Petition is     Sr. No. 198
                  Kamathe              Madhya. Vidyalaya,                        pending challenging            Sr No. 200
                                       Kamathe                                   rejection
                                       2. New English School     13.01.2010
                                       and Junior College,
                                       Pachad-Shiral

 WP               Sane Guruji          Sane Guruji Vidya         25.07.2008      Proposal for Grant-in-aid is   02.04.2026
 ST 3591/2026     Shikshan Prasarak    Mandir and                                pending                        Sr. No. 259
                  Mandal, Janashi      P.B.Chavan Arts and
                                       Commerce
                                       (Combined) College,
                                       Janashi
 WP ST            Anjuman Targheeb-    Anglo Urdu Primary        20.03.2002      Proposal for Grant-in-aid is   01.04.2026
 3622/2026        E-Taleeem Shikshan   School, Akkalkot                          pending                        Sr. No.174
                  Prasarak Mandal,
                  Station Raod,
                  Akkalkot

 WP ST            Mangalwedha          Jawaharlal Urdu High      27.08.2009      The Education Officer          2nd April 2026
 3609/2026        Education Society,   School Mangalwedha,                       (Secondary), Zilla
                  Mangalwedha, Dist.   Dist. Solapur                             Parishad, not accepting        Sr. No.152
                  Solapur                                                        proposal of
                                                                                 evaluation/assessment to
                                                                                 releasing grant-in-aid.
 WP 1932/2026     Sahyandri Shikshan   Sahyandri Shikshan       07.03.2003       Held eligible for grant-in-    G. R.
                  Sanstha              Sanstha Sanchalit                         aid by G.R. dated              01.04.2026 Sr.
                                       Primary School                            01.07.2016 (Pg 37-40)          No.203
                                       (Sawarde)                                 Name of School at Se.
                                                                                 No.20

 WP 1938/2026                          New English School       27.07.2012       Name of School not             G.R.
                                       and Junior College                        included in G.R.               02.04.2026 Sr.
                                       (Kherdi)                                  sanctioning grant-in-aid.      No.199
                                                                                 Hence Petitioners have
                                                                                 filed Writ Petition
                                                                                 No.10565 of 2024 for
                                                                                 direction to sanction
                                                                                 grant-in-aid. WP is
                                                                                 pending.
 WP 1937/2026                          Govindrao Nikam          Additional       Name of School not             G.R.
                                       Secondary and Higher     Divisoins        included in G.R.               02.04.2026 Sr.
                                       Secondary School,        16.11.2013       sanctioning grant-in-aid.      No.201
                                       (Sawarde)                                 Hence Petitioners have
                                                                                 filed Writ Petition No.9536
                                                                                 of 2024 for direction to
                                                                                 sanction grant-in-aid. WP
                                                                                 is pending
 WP 1936/2026                          New English School       09.12.1991       --                             G.R.
                                       and Junior College,                                                      02.04.2026 Sr.
                                       Ambdas                                                                   No.207

 WP 1934/2026                          Vasant Shankar Desai     Std. 11th Arts   Proposal seeking grant-in-     G.R.
                                       Secondary and Higher     25.07.2008,      aid not accepted by            02.04.2026 Sr.
                                       Secondary School         Additional       Education Officer for want     No.202
                                       (Asurde Ambatkhot)       Divison Std.     of individual approval
                                                                11th             orders of teachers.
                                                                Commerce on
                                                                unaided basis
                                                                04.09.2015
                                                                Std. 12th Arts




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                                                                  Additional
                                                                  Division
                                                                  28.10.2015
 WP 1935/2026                          Shrinath Vidyalaya         10.07.2008        Recommendation made for        G.R.
                                       and Junior College of                        sanction for grant-in-aid      02.04.2026 Sr.
                                       Science                                      by respondent No.4,            465
                                                                                    respondent No.3 and
                                                                                    respondent No.2 to
                                                                                    respondent No.1 (pg-43 to
                                                                                    49) but no final decision
                                                                                    taken by respondent No.1
 WPST3661/2026   Shri Datta Shikshan   Janata High School &       2010              Proposal of evaluation         Government
                 Prasarak Mandal       Jr. College, Shirol, Tq.   11th              /Assessment for receiving      Resolution
                 Shirol, Tq. Shirol    Shirol, Dist. Kolhapur     &                 grant-in-aid is pending        dated 2nd April
                 Dist. Kolhapur                                   12th Science      proposal dated-25.10.2014      2026
                                                                                                                   Sr. No.228

 WP/2012/2026    High Education        Kanya Shala and            15.10.2008        Proposal for Grant-in-aid is   Sr. NO.252
                 Soceity, Shirala      Junior College Shirala     For 11th Arts &   pending since 09.11.2022       Ap,pendix-A in
                                                                  September                                        G.R.
                                                                  2009 for 12th                                    dt.02.04.2026.
                                                                  Arts

 WP/3631/2026    Halkarni Bhag         Ashok Raosaheb             15.10.2008        Proposal for Grant-in-aid is   Sr. No.236
                 Shikshan Prasarak     Desai High School          For 11th          pending since 2021             Appendix-A
                 Mandal, Halkarni      and Junior College,        combined arts                                    in G.R. dt.
                                       Terani                     and commerce                                     02.04.2026
                                                                  &
                                                                  11.09.2009
                                                                  for 12th
 WPST            Janata Shikshan       Nehru Vidyamandir          16.12.2009        Proposal for Grant-in-aid is   Sr. No.221
 3673/2026       Sanstha Katoli        and Junior College         For 11th          pending since 2015             Appendix-A
                                       Kotoli                     science                                          in G.R. dt.
                                                                  &                                                02.04.2026
                                                                  06.10.2010

 WP/2026/2026    Dnyansamwardhini      Dnyansamwardhini           07.06.2003        1. Proposal for Grant-in-      Sr. No. 178 in
                 Shikshan Sanstha,     Uchcha Madhyamik                             aid is pending from            G.R. dt.
                 Shirwal               Vidyalaya, Shirwal                           October, 2024 at Director      02.04.2026
                                                                                    of Education.
                                                                                    2. The Dy. Director vide
                                                                                    recommendation letter
                                                                                    dated 8-10-2024 held that
                                                                                    the Petitioner-School is
                                                                                    eligible for grant in aid.
 WP/2027/2026    Maharashtra           Vikas Vidya Mandir,        01.01.2003        1. Proposal for Grant-in-      Sr. No. 177 in
                 Shikshan Prasarak     Dudhali                                      aid is pending from 31-5-      G.R. dt.
                 Mandal, Kolhapur                                                   2024 at Director of            01.04.2026
                                                                                    Education.
                                                                                    2. The Dy. Director vide
                                                                                    recommendation letter
                                                                                    dated 16-5-2024 held that
                                                                                    the Petitioner-School is
                                                                                    eligible for grant in aid.
 WP (ST) 3936    Distinctive           Ramraje Jr. College of     2006              166                            Yes
 OF 2026         Education Society,    Arts, Commerce &
                 Dapoli                Science, Dapoli




 WP (ST) 3947    The Atpadi            Pimpiri Bk.                2003              232                            Yes
 OF 2026         Education Society     Highschool Pimpiri
                 Atpadi                Bk.




 WP (ST) 4045    The Atpadi            Valvan Highschool,         2003              233                            Yes
 OF 2026         Education Society     Valvan
                 Atpadi




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 WP (ST) 4005   Late Balwantrao      B.H Patil Junior     2006   164         Yes
 OF 2026        Patil Shikshan       College, Khupire
                Prasarak Mandal,
                Khupire


 WP (ST) 4006   Rashtriya Shikshan   Madhyamik            2006   234         Yes
 OF 2026        Sangh                Vidyalaya,
                                     Subhashnagar.




 WP (ST) 4004   Dnyansamvardhini     Dnyansamvardhini     2003   178         Yes
 OF 2026        Education Society,   Ucch Madhyamik
                Shirwal              Vidyalay, Shirwal.




         From these details, it can be seen that all these schools are having

due permissions from State Government as well as recognition from

Education Authorities. No record is available to the effect that before

disqualification of them, for consecutive three years schools failed to

satisfy the norms of assessment to receive grant-in-aid. The institutions

are imparting education. The institutions are functioning for several

years. Therefore, before taking a drastic action against them, without

granting opportunity of hearing, is certainly illegal in the facts and

circumstances of the matter.

4.       It is pertinent to note that this Court has already considered an

identical issue in Writ Petition No. 1932 of 2026 and other connected

matters decided on 29th April 2026. This Court has specifically recording

finding in paragraph nos. 14 to 17 which will be relevant in the present

petitions also. The same are reproduced as under :

14.     It is noted by us that by these Government Resolutions, most of the school
from 433 Primary Schools and 324 Secondary Schools are providing the education in
Marathi medium at various places and more particularly, in rural areas are likely to be
closed down by the impugned order. The State Government at one hand is insisting


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that Marathi language should be given importance in the entire State and on the other
hand, by said action, trying to close down Marathi schools. As such, this action is not in
accordance with the object, which State is trying to achieve in the State of
Maharashtra. So also, the students, who belongs to poor family and prosecuting their
studies in Marathi Medium Schools or other Medium Schools cannot be deprived from
primary and secondary education, which the private management is trying to provide
them through their institutions.
15.        At the cost of repetition, we again reiterated that while closing down the
schools, various factors are required to be considered by the State Government. Such
as, whether the schools can be converted as the Self-Finance Schools by the direction
under the Government Resolution, particularly when provisions of Self-Finance Act is
having altogether different procedure to grant permission. Secondly, whether the
teaching and non-teaching staff working in the Marathi Primary and Secondary
Schools can be absorbed in the Self-Finance School, particularly there is no provisions
of absorption of staff working in non grant-in-aid school. Thirdly, if the students, those
are in large numbers can be accommodated in the nearby schools, particularly, when in
the rural and remote area, there are no sufficient schools for the students to prosecute
their studies. Whether the medium in which students are prosecuting their studies can
be continued in same medium in other schools. However, these facts are totally
ignored by the State Government while taking this decision. Therefore, in our
considered opinion, it is absolutely necessary for the Government to conduct the
individual hearing of each schools before taking any drastic action against them by at
least adopting the procedure which is contemplated under the Government Resolution
dated 15.11.2011.
16.      It would be relevant to refer the judgment of Hon’ble Supreme Court of India
in the case of S.G. Jaysinghani Vs. Union of India reported in AIR 1967 SC 1427. The
Hon’ble Supreme Court has specifically observed in this judgment that in a system
governed by rule of law, discretion, when conferred upon the executing authorities,
must be confined within clearly defined limits. The decision should be made by
application of known principles and rules and, in general, such decisions should be
predictable and the citizens should know where he is. If a decision is taken without any
principle or without any rule, it is unpredictable and such decision is the antithesis of a
decision taken in accordance with the Rule of law. It would be relevant to refer the
paragraph No.14 in this regard, wherein observation made by the Hon’ble Supreme
Court as under.
         “14. In this context it is important to emphasize that the absence of
         arbitrary power is the first essential of the rule of law upon which our
         whole constitutional system is based. In a system governed by rule of law,
         discretion, when conferred upon executive authorities, must be confined
         within clearly defined limits. The rule of law from this point of view
         means that decisions should be made by the application of known
         principles and rules and, in general, such decisions should be predictable
         and the citizen should now where he is. If a decision is taken without any
         principle or without any rule it is unpredictable and such a decision is the
         antithesis of a decision taken in accordance with the Rule of law. (See
         Dicey Law of the Constitution -10th Edn., Introduction ex). "Law has
         reached its finest moments," stated Douglas, J. in United States v.
         Wunderuck, "when it has freed man from the unlimited discretion of some
         ruler.... Where discretion, is absolute, man has always suffered". It is in


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        this sense that the rule of law may be said to be the sworn enemy of
        caprice. Discretion, as Lord Mansfield slated it in classic terms in the case
        of John Wilkes, "means sound discretion guided by law. It must be
        governed by Rule, not by humour: it must not be arbitrary, vague, and
        fanciful.”
17.     In view of this decision of the Hon’ble Supreme Court and subsequent catena of
judgment, it is time and again held that any adverse order passed by the Government,
though need not contain the reasons like the Court order but, it must contain reasons
to disclose as to how they arrived at such decision showing application of mind. As
such, appropriate reasons are necessary for a valid order in support of action or
decision taken by the authority or by the State.”

4.     In light of the above findings recorded in Writ Petition No. 1932 of

2026 along with other connected petitions, we allow the present writ

petitions by relying upon the same reasons recorded therein.

5.     In the light of the above, it is made clear that the Government

Resolutions dated 01.04.2026 and 02.04.2026 would not be applicable to

the extent of petitioners. Government is hereby directed to delete the

names of petitioners’ institutions from the list of the schools which is

published along with the Government Resolution dated 01.04.2026 and

02.04.2026.

6.     Needless to mention that the petitioners would continue their

respective schools and no action as contemplated under the Government

Resolutions dated 01.04.2026 and 02.04.2026 can be initiated against

them in the matter.

7.     In terms of above directions, the writ petitions stand disposed of.

No order as to costs.

[Pravin S. Patil, J.]                                     [Madhav J. Jamdar, J.]


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