1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.841 OF 2010 Pradip Manohar Banate PETITIONER VERSUS 1. The State of Maharashtra and others RESPONDENTS Mr.K.U.More, learned counsel for the petitioner. Mr.D.R.Kale, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/09/2010 PER COURT : 1. This is a petition under Article 226 of The Constitution of India, by which the petitioner prays for issuance of a writ of mandamus, directing the respondents to hold a meeting of the committee to select prisoners for open prison. 2. According to the petitioner, the petitioner is eligible for being sent to the open prison and since no meeting has been held to select the prisoners, for being sent to the open prison, the petitioner is being deprived and requested to hold the meeting of the Committee. In response to the notice issued by us, the respondents have filed 2 their affidavit in reply. In the affidavit in reply, it is stated that several meetings have been held from time to time and the last meeting was held at Ratnagiti on 25/01/2009. According to the affidavit in reply, total 748 convicts have been selected by the committee in the entire State and out of which, 611 convicts have already been sent to the open jail as per the vacancy and a wait list of 137 convicts has been prepared to be sent to the open jail as and when the vacancy arises in the open prison. It is urged before us that in the light of the long wait list of the convicts, no meeting has been held by the Committee. Obviously, since there is no vacancy, there is no point in just holding the meeting and adding to the already long wait list of the convicts. 3. In the light of the affidavit in reply, and upon hearing the learned counsels for the parties, according to us, there is no merit in the petition, and the petition is, therefore, summarily dismissed with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEPT. 2010/cri.w.p.841-10