1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 145 OF 2008 NOTICE OF MOTION NO. 145 OF 2008 NOTICE OF MOTION NO. 145 OF 2008 IN IN IN WRIT PETITION NO. 194 OF 2005 WRIT PETITION NO. 194 OF 2005 WRIT PETITION NO. 194 OF 2005 Dr. K. Shivraj Mani. .. Petitioner. vs. The State of Maharashtra & Ors. .. Respondents. The Petitioner in person. Mr. Milind More, AGP., for Respondent/State. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & K.U. CHANDIWAL, JJ. K.U. CHANDIWAL, JJ. K.U. CHANDIWAL, JJ. DATE: 17TH JULY, 2008. DATE: 17TH JULY, 2008. DATE: 17TH JULY, 2008. P.C. . Heard the petitioner in person and the learned AGP. The petitioner has taken out this notice of motion seeking declaration from this court that the appointment of respondent no. 5 is illegal and the same be quashed and set aside and then seeking a direction to respondent nos. 1 and 2 to comply the orders passed on 16.7.2007 and 4.9.2007 in Notice of Motion No. 61 of 2007 and remove the respondent no. 4 2 from the post of Commandant Home Guards, Mumbai till the final disposal of the petition. 2. In so far as prayer clauses (a) and (b) are concerned, we make it clear that the appointment of Commandant Home Guards, Mumbai as well as the Second-in-Command, Home Guard, Mumbai will be subject to the final decision in this petition. As the said reliefs cannot be granted unless the petition is heard on merits and disposed of. 3. The notice of motion stands disposed of accordingly. 4. The petition be listed for final hearing in due course. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) ( K.U. Chandiwal, J.) ( K.U. Chandiwal, J.) ( K.U. Chandiwal, J.)