1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.8333 OF 2005 Mohd. Iliyas Mohd. Yunus & ors. ..PETITIONERS VERSUS The State of Mah. & ors. ..RESPONDENTS Mr A.S. Bajaj, Advocate for the petitioners; Mr K.G. Patil, AGP for respondent no.1, 2, 3 & 4; Mr G.K. Thigale, Advocate for respondent no.5 & 6. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 13th April, 2010 PER COURT : This is a petition in public interest filed by the petitioners praying therein for demolition of the illegal construction as according to the petitioners the said construction is an encroachment on public road. Pursuant to the several orders passed by this Court, a report came to be submitted by the Collector as well as the Chief Officer of Municipal Council. In the said report it was categorically stated that there is no encroachment on the public road and the constructions, if any, are by the side of the road. This factual situation was disputed by the petitioners and, therefore, the Division Bench of this Court by its order dated 11.2.2010 granted opportunity to the petitioners to file affidavit within six weeks from the said date. The Court also intimated in its order that failure to file the affidavit, this Court may have to proceed on the basis of the statements appearing in the reports filed by the authorities. The petition was thereafter listed before us on 26.3.2010 as a request was 2 made by the learned Counsel for the petitioners for grant of time for filing affidavit towards compliance of the order of this Court, dated 11.2.2010. This Court granted time as a last chance and accordingly this petition has been listed before us. 2. Mr A.S. Bajaj, learned Counsel for the petitioners has stated before us that the order of this Court has been communicated by the learned Counsel to petitioner no.2. However, the letter sent by the learned Counsel to petitioner no.1 has not been accepted by the petitioner no.1. Learned Counsel for the petitioners has pleaded his helplessness in not filing the affidavit towards the compliance of the order of this Court. 3. We cannot countenance this approach on behalf of the petitioners, particularly in a public interest litigation. This Court had directed the petitioners to file an affidavit, failing which the matter would be proceeded on the basis of the reports submitted by the authorities. Since there is no dispute as far as the factual correctness of the said reports, we accept the contents of the said report as factually correct and dismiss the petition. We, however, do not impose any costs on the petitioners. ( S. V. GANGAPURWALA, J.) ( P. V. HARDAS, J.) amj/wp8333.05