(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) In response to an advertisement issued by first respondent to start non-granted Secondary and Higher Secondary School, petitioner applied for establishment of a school in village Devta. The application was refused by order dated 1st Sept. 2009. Learned Single Judge having confirmed the order, petitioner has preferred this appeal.
Mr.
Raval, learned counsel appearing for first respondent and Ms. Mariya Dalal, learned counsel appearing for 3rd respondent accept notice. Notice waived.
From the record it will be evident that the application was rejected on various counts. There were objections with regard to the land, and the building was not found to be suitable for running school. It was a residential house, which the petitioner wanted to use as a school building. The land meant for play-ground was not found suitable and it was found that it was not likely to be converted into non-agricultural purpose.
Learned counsel appearing on behalf of the first respondent submitted that the appeal preferred by the petitioner has also been dismissed on 19.1.2010 and the said order has been confirmed. In this background, no interference is called for against the order passed by the learned Single Judge. The order of the learned Single and the present order will not stand in the way of the petitioner to ask permission to run a school in a proper building suitable for the school. The Appeal and Civil Application both are dismissed with the aforesaid observation. No costs.
(S.J.
Mukhopadhaya, C.J.) (Anant S. Dave, J.) */Mohandas Top