1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4605/2009. Santosh Mangilal Gupta -: versus :- State of Maharashtra and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 27, 2010. Heard Shri F. Mirza, learned counsel for petitioner and Shri Kankale, learned A.G.P. for respondents. Shri Mirza, learned counsel has pointed out that identical orders has been set aside by this Court on 17.02.2010 in Writ Petition No.5019/2009 and the same order needs to be passed in present matter. Learned A.G.P. is opposing the request. Attention is invited to reply affidavit filed on record that, that course is not open in the present matter. However,I find that one hand hand the Hon’ble Minister has found fresh enquiry necessary and on the other a punishment of fine has been inflicted. Shri Mirza, learned counsel points out that fine of Rs. 10,000/- is still not paid and he seeks time of four weeks to deposit the same. Time is accordingly granted. 2 The matter can be disposed of in terms of the order dated 17.02.2010 passed in Writ Petition No. 5019/2009. The respondent is permitted to treat the fine amount that would be deposited by the petitioner as donation to the fund with the Collector. The impugned order to that extent is set aside. Similarly, the order forfeiting security deposit of petitioner is set aside. It is clarified that if inquiry for misappropriated [alleged] kerosene is going on, the same may continue in accordance with law and this order shall not affect its result in any way. The authorities are free to proceed further in accordance with law, if in any such inquiry the petitioner is found guilty. Writ Petition is partly allowed. Rule accordingly. No cost. JUDGE Rgd.