1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3399 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 3399 OF 2011 *** 1. At the threshold Advocate Shri Tiwari fairly pointed out that earlier writ petition was allowed to be withdrawn by this Court. He also invites attention to that order and the copy of letter on the basis of which that withdrawal was sought. He contends that fresh petition is required to be filed because in earlier petition some challenges and prayer clauses were missing. According to him, the challenge to R.R.C. was inadvertently not made in it. 2. Learned A.G.P. points out that the petition has been allowed to be withdrawn and no liberty was at that time requested and has been granted. 3. The perusal of letter written by client to learned Advocate does not show any intention to file fresh petition. Learned 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3399 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. counsel, therefore, had not sought liberty to file fresh petition at that time and has acted on that letter. 4. If grounds were available at that time and the same were not pleaded or no prayers were made, it is apparent that fresh petition for said purpose is not maintainable. 5. With liberty to petitioner to take such recourse as is available to him in law, present writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:05/05/2011. ans/3399