1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 489 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Upon mentioning, the matter was produced at 2-30 p.m. today. It was kept back till 4-30 p.m. The petitioner, who appears in person, has stated that the respondent no.2 has considered the representation of the petitioner and has already rejected the same. In the circumstances, the petitioner would like to withdraw this petition and file a fresh petition challenging the decision of the respondent no.2 rejecting the petitioner’s representation. Ordinarily we would have acceded to this request, but as pointed out by the 2 counsel for the respondent no.2 that the rejection of petitioner’s representation was made subject matter of challenge in Writ Petition No.5052/2007 by this petitioner and that challenge has been rejected by this Court on 3.3.2008. Copy of said order has been placed on record. This position has not been disclosed by the petitioner earlier. Considering the above, the question of granting liberty to the petitioner to file a fresh petition does not arise. If the petitioner is so advised, he may question the correctness of the decision of this Court in Writ Petition No. 5052/2007 dated 3.3.2008 before appropriate forum. In the circumstances, this petition is dismissed. We refrain from observing any further about the conduct of the petitioner or to impose exemplary costs. However, if the petitioner files fresh writ petition in this Court for the same relief hereafter, the Court will have no option, not only to impose exemplary costs, but also pass appropriate order directing the Registry not to accept any 3 further petition at the instance of the petitioner herein for the same relief as it would be in the nature of frivolous and vexatious litigation, which can be allowed to be instituted only with the permission of the Advocate General. The Court expresses words of gratitude to Shri M.M. Joshi, Advocate, for having appeared as amicus curiae for the petitioner at the request of the Court. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) Dt/- 04.02.2010 ndk/c42101