FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1147/2007 (Mohan Yadavrao Mohadure vs. State of Maharashtra and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Shri M.R.Rajgure, Adv. for petitioner. Shri P.D.Kothari, AGP for R-1 & 3 Shri S.R.Deshpande, Adv. for R-4 & 5 CORAM : A.M.KHANWILKAR AND S.R.DONGAONKAR, JJ DATED : 11 th JUNE, 2008. Heard counsel for the parties. Preliminary objection about the maintainability of this petition is raised on behalf of the private respondents on the ground that the petitioner had withdrawn his earlier petition for similar relief unconditionally as can be seen from the Pursis dated 8th July, 2004 and the order passed in Writ Petition No. 367/2004, dated 19th July, 2004. We are in agreement with the said preliminary objection. In other words, the petitioner having withdrawn the earlier petition unconditionally, cannot be permitted to pursue another petition for the same relief. Hence, we have no option but to dismiss this petition. The argument of the petitioner that similarly placed person has been extended benefits which can also be given to the petitioner, will invite us to enter into the merits of the case, which cannot be done in view of the preliminary objection. Hence, petition is dismissed. JUDGE JUDGE Rvjalit