1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2958 OF 2010 ( Bhagwan Shankar Wagh Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.P. Tiwari h/f. Mr. N.L. Choudhari, Advocate for petitioner. Mr. K.G. Patil, AGP for respondent Nos. 1 and 2. CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED : 11th October, 2010. PER COURT : 1. When the matter is called out, the learned counsel for the petitioner started arguing the matter. We have brought to the notice of the learned counsel the order passed by this Court dated 22nd of July 2010. The order clearly shows that the matter was heard by this Court for some time and when this Court was not inclined to entertain the matter, the learned counsel sought time to take instructions regarding withdrawal of petition. 2. It can be thus seen from the order passed by this Court ( Bench Presided over by Hon'ble Shri. Justice P. V. Hardas and Hon'ble Shri. Justice N.D. Deshpande) that the matter was adjourned only to enable the learned counsel for the petitioner to seek instructions regarding withdrawal. 2 3. As a matter of judicial propriety, it will not be appropriate to allow the learned counsel to argue the matter on merits. If this practice is permitted, with the change of every roster, the counsel would change their stance. 4. In that view of the matter, petition is dismissed. Needless to state that if the petitioner has any alternate remedy available, the dismissal of the present petition, would not come in the way of the petitioner in taking recourse to the same. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/wp2958.10