1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPLICATION NO. 9 OF 2008 IN PIL NO. 23 OF 2007 Ajay J. Beri .. Petitioner.. Vs. Union of India & Ors... .. Respondents Ms. Shaila R. Pandey for the petitioner. Mr. Vijay Patil for respondent No. 8. Mr. S.K. Chinchalikar, AGP., for respondent nos. 2 to 5 & 7. CORAM : J. N. PATEL & A.A. SAYED,, JJ DATE : 24TH JULY, 2009 (INCHAMBER AT 2.45 P.M.) P.C. : Heard the learned counsel for the petitioner. 2. This petition came to be dismissed for the absence of the learned counsel for the petitioner on 24.8.2007 after hearing the 2 parties who were present. 3. The learned counsel for the petitioner submits that as the subject matter of the petition requires to be dealt on merits it was disposed of on the day the petition was listed for MSRDC to file their affidavit in reply being joined as a party respondent. Mr. Patil, the learned counsel for MSRDC states that MSRDC is not concerned with the subject matter as they are not accountable for regulating the public goods carriages who are carrying load more than the capacity and for which weigh bridges are required to be installed which is not their job and that the MSRDC s function is ’ restricted to collection of toll in respect of the roads which have been developed under BOT scheme within the jurisdiction of the MSRDC. We are of the view that as MSRDC has made its stand clear and there is nothing placed on record to show that the MSRDC is an authority who is supposed to have weigh bridges to check the irregularity /illegality committed by the truck operators, it does not subserve any purpose to recall our order and restore the petition. We, therefore, dismiss the civil application for restoration. ( J. N. PATEL, J.) (A. A. SAYED, J.)