1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2773 OF 2007 (Nawal Rajnikant Trivedi vs. Commissioner of Police 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 : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 29, 2008 Heard petitioner in person, Shri Sambre, learned Government Pleader for the respondent nos. 1 and 2, Shri Puranik, learned Counsel for the respondent nos. 3 to 5, and Shri Bangde, learned Counsel for the respondent no.6. In the present petition, petitioner is seeking direction to set up enquiry in respect of issuance of licences to various eating houses/hotels as well as places of entertainment and punish the Officers of the concerned Departments, who have violated the norms in issuing these licences. 2 The petitioner in person states that though he has sought above referred direction, however, his specific grievance is in respect of Hotel Rajdhani. According to him, the concerned Authorities of the Municipal Corporation have committed breach of relevant rules and building bye- laws while issuing licences. At this stage, Shri Sambre, learned Government Pleader brought to our notice the averments made in para (4) of the affidavit dated 29.11.2007 filed by respondent nos. 1 and 2 wherein it is mentioned that the petitioner in person on earlier occasion filed Writ Petition No. 2299/2006 impugning the order dated 9.3.2005 passed by the State Government in appeal preferred by owner of Hotel Rajdhani against the order dated 17.1.2005 passed by the Joint Commissioner of Police whereby licence granted to the said Hotel was cancelled. The State Government allowed the said appeal and restored licence in favour of owner of Rajdhani Hotel and rejected the allegations regarding violation of bye-laws, non-availability of parking space, etc. The said order of the 3 State Government was challenged by the present petitioner in the said writ petition, which is pending for final hearing in this Court. Shri Sambre, learned Government Pleader further states that other averments made in para (4) of the said affidavit demonstrate that petitioner has filed Regular Civil Suit No.1043/2006 against various Authorities and owner of Hotel Rajdhani for declaration, permanent injunction and mandatory injunction and the said suit is pending for due adjudication before the competent Civil Court. The above referred facts, which are placed before us by the learned Government Pleader, are not in dispute and, therefore, it is evident that the petitioner in person is once again agitating the same grievance, which is subjudice before this Court in the aforesaid writ petition as well as civil suit, which is pending before the competent Civil Court. In fact, cause of action in the said petition is identical to one involved in the civil suit and, therefore, even the maintainability of the said petition would be doubtful. 4 However, at this stage we do not want to express anything one way or the other and it will be appropriate for the concerned Court to consider this issue. At any rate, in the backdrop of the above referred facts, we are of the view that the present petition is not maintainable. The present petition is, therefore, dismissed as not maintainable. JUDGE JUDGE khj