1 wp7111.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION kj WRIT PETITION NO.7111 OF 2010 Idrisi Mohamed Jamil Mohamed Yusuf & Ors. )..Petitioners Vs State of Maharashtra & Ors. )..Respondents ---- Mr.R.K. Mendadkar for the petitioners. Dr.M.Shah Alam Khan for the respondent no.4. Mr.R.M.Patne AGP for the respondent nos.1 & 2. ---- Coram : A.S.OKA,J Date : 27.10. 2010. PC 1 Heard learned Counsel for the petitioners and the learned Counsel for the 4th respondent. 2 After arguing the petition for some time, the learned Counsel for the parties agree that the impugned order in so far as it permits amendment of the petition is concerned, should be confirmed but 2 wp7111.10.sxw issue of maintainability of the dis-qualification petition should be kept open to be decided at an appropriate stage. 3 In view of the aforesaid statements, petition is disposed of by the consent of the parties by passing following order :- O R D E R (i) The impugned order dated 16th August 2010 in so far as it allows the application for amendment is concerned, stands confirmed ; (ii) The amendment shall be carried out by the 4th respondent within a period of four weeks from today ; (iii) The learned Commissioner will give an opportunity to the petitioners to file an additional written statement to the amended petition ; (iv) The issue of maintainability of the petition filed by the 4th respondent is kept open, which shall be considered by the learned Commissioner at an appropriate stage of the proceedings after giving an opportunity to the parties of being heard ; 3 wp7111.10.sxw (v) All contentions of the parties regarding maintainability of the petition are kept open ; (vi) The petition is disposed of on above terms. (JUDGE)