1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1020/2007 Brahmanand D.Gaitonde & Anr. PETITIONERS VS. The State of Mahrashtra & ors. RESPONDENTS None for the petitioners Mr.M.V.More ,AGP forRespondent no.1 Mr.G.S.Pikale i/b M/s S.B.Pikale & Co. advocate for respondent no.2 to 8 Mr.Mahendra Rathod i/b M/s Sunil & Co. Advocate for respondent No.9 CORAM : J.N.PATEL & K.K.TATED ,JJ. DATED : 28th August,2008 P.C.: 1] Heard the learned counsel for the respondents .This is another round of litigation initiated by the petitioners in case of the property which is subject matter of the suit for specific performance between respondent no.9 and respondent no.2. 2] The said suit for specific performance is pending. 3] The petitioners supposed to have challenged the orders 2 dated 9/11/1994 and 2/12/1994 passed by respondent no.1 Charity Commissioner u/s 36(1) of Bombay Public Trust Act ,1950 according sanction of sale of 1861.12 sq. meters piece of land out of total area admeasuring 9591.22 sq.meters out of survey no.62 for consideration of Rs.7,25,00,000/- subject to all other permissions required under the Central and State Act and on usual terms and conditions. 4] On previous occasions also similar petitions filed came to be dismissed. The first petition (W.P.no.2738/94) came to be filed by Arun Kasbekar and others. Subsequently another petition i.e.W.P.no.859/2007 came to be filed by Vinaykumar Kulkarni and by order dated 13.8.2007 this Court has dismissed the said petition on the ground of delay and latches by observing that one round of litigation has already been completed. However, we find no reason to entertain this petition filed by another person claiming to be an interested person. We ,therefore, dismiss this petition on the ground of delay and latches.Taking into consideration the checkered history of the litigation, we find that this petition is nothing but an attempt to abuse the process of the Court by repeatedly filing petitions relating to the subject matter though on previous occasions,this Court has 3 dismissed two petitions one in the year 2006 (W.P.no.2738/94) and another (W.P.no.859/07) on 13.8.2007.Therefore,we dismiss the petition with cost which we quantify as Rs.50,000/-.Cost to be deposited by the petitioners in this Court within a period of four weeks. On failure to deposit the cost ,the Collector is directed to recover the cost from the petitioner,as fine by resorting to the provisions of Maharashtra Land Revenue Code . On depositing the cost ,the same may be credited in the account of High Court Legal Aid Committee. (J. N. PATEL , J ) (K.K.TATED, J)