(1) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7148 OF 2009 Gokul s/o Manikrao Magar, Age: 25 yrs, Occ. Unemployed, r/o Jawahar Galli, Tuljapur, Tq. Tuljapur, Dist. Osmanabad. ...PETITIONER VERSUS The State of Maharashtra Through the Secretary, Law and Judiciary Department, Mantralaya, Mumbai, and three others. ...RESPONDENTS ... Mr.K.K.Kulkarni, Adv., for the petitioner. Mr. N.B.Khandare, G.P., for respondent State. ... CORAM: NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATE :4th NOVEMBER, 2009. *** PER COURT : 1. Heard learned Counsel for the petitioner and learned Government Pleader. 2. We have perused the order dt.16.10.2009, below Exh.5, passed by the Civil Judge, Junior (2) Division, Tuljapur in RCS No.215/2009 (Gokul Manikrao Magar Vs. Chairman, Sri Tulja Bhavani Mandir Sansthan, Tuljapur and another). We have also perused the impugned order (Exh.C). A fresh advertisement for re-auction is issued by the Administration and, it is informed, the re- auction is to be held tomorrow. 3. In the facts of the case, in exercise of our extraordinary writ jurisdiction, we are not inclined to interfere in the proceedings or the fresh advertisement issued. 4. However, the petitioner's Counsel submits, the petitioner is an unemployed youth who had participated in the earlier advertisement and had deposited 40 per cent amount, to the tune of Rs.3,04,000/- (Rs.three lacs, four thousand) plus the initial bidding amount of Rs.25,000/- (Rs. twenty five thousand). The Counsel urges that the Administration may show some mercy by at least allowing the petitioner to pray for withdrawal of the order of forfeiture of the said deposit. 5. The petitioner is entitled to file an application to the Collector, Osmanabad, praying for withdrawal of order of forfeiture of the above stated deposit lying with the Sansthan within ten days from today. In case such an application is filed, the Collector would pass (3) appropriate orders in accordance with law, on its own merits. The Petition stands disposed of in above terms. [K.U. CHANDIWAL, J.] [NARESH H.PATIL, J.] agp/wp7148-09