High CourtsDivision Bench(2022) 07 OHC CK 0007

Managing Committee of Dinanidhi Vidyapitha, Karadapalli vs State Of Odisha And Others

Orissa High Court · Decided on 4 July 2022

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · R. K. Pattanaik, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 4393 Of 2012

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Judgment

5 paragraphs · 173 words
1.

Mr. K.P. Mishra, learned Senior Advocate for the Petitioner draws the attention of the Court to an order dated 7th February 2012, passed by this Court in W.P.(C) No.28285 of 2011 (Maguni Charan Balashram Primary School v. State of Orissa and others), where in similar circumstances, where the takeover was not being acceded to on the ground that there was a neighbouring Primary School within one kilometer distance, this Court directed the Government to take over the School. That order was apparently challenged by the Government in SLP(C) No.31397 of 2012, which was dismissed by the Supreme Court of India on 17th July, 2017.

2.

Mr. Mishra, learned Senior Advocate accordingly submits that the School in question, the Dinanidhi Vidyapitha, Karadapalli, which is the School involved in the present petition should also be taken over by the Government since it stands on a similar footing.

3.

Learned Additional Standing Counsel appearing for the S&ME Department states that he needs to take instructions.

4.

At his request, list on 19th September, 2022.

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