- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4423/2009 Shankar Gopichand Marwadi & another. ...Petitioners.. Versus The State of Maharashtra & five others. ...Respondents... ..... Shri Manish N. Navandar, Advocate for petitioners. Shri D.R. Kale, AGP for respondent nos.1 to 3. Mrs.C.P. Kutti, Advocate for respondent nos.4 & 5. Respondent no.6 served. ..... CORAM: P.V. HARDAS & A.V. POTDAR, JJ. DATE: 01.10.2010 PER COURT : 1] This is a petition apparently in public interest seeking issuance of a writ of mandamus for directing the respondents not to hold weekly bazaar and daily bazaar for exhibition, marketing and sale of mutton, chicken, fish, dry fish etc. on - 2 - the main road from Tahsil office to Nagar Deola Darwaja (gate) and thereafter upto Azad Chowk at village Bhadgaon Tq.Bhadgaon Dist.Jalgaon. The petitioners also pray for issuance of a writ directing the respondents to take action against the sellers / vendors, who are illegally and unauthorizedly selling articles including non vegetarian articles like mutton, chicken, fish, dry fish etc. and slaughtering animals daily on the main road between Tahsil office to Nagar Deola Darwaja and thereafter upto Azad Chowk of village Bhadgaon Tq.Bhadgaon. The petitioners also pray for directing the respondents to ensure that the business of selling mutton, chicken etc. is carried out only at the place provided by the Grampanchayat of village Bhadgaon Tq.Bhadgaon Dist.Jalgaon. The other reliefs prayed are ad interim reliefs. 2] On notice of this petition being issued to the respondents, the respondent no.3 i.e. District Collector, Jalgaon Dist.Jalgaon has filed affidavit in reply. In the affidavit in reply, it is pointe dout that the persons, who are selling mutton, chicken, fish, dry fish etc. on the main road have filed Regular Civil Suit No.12/2009 before the Civil Judge, Junior Division, Bhadgaon, and the learned Judge by order dated 2.6.2009 has granted temporary injunction and has also issued certain directions to the plaintiffs therein. It appears that the trial Judge has directed the plaintiffs therein that they should not cause public nuisance and village panchayat can inspect as to whether the plaintiffs therein were acting in accordance with the directions of that Court. - 3 - 3] In the light of the fact that the subject matter of challenge in the present petition is subjudice before the Civil Judge, Junior Division, Bhadgaon, in Regular Civil Suit No.12/2009, we decline to interfere in the present petition at this stage. The writ petition is, therefore, accordingly dismissed, relegating the petitioners to avail such remedies as are available to them in law. (A.V. Potdar, J.) (P.V. Hardas, J.) ndk/c1101015