bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4159 OF 2009 Yusuf Abbasbhai Zojwala & Ors. ..Petitioners Vs. The Dy.Tahasildar & Ors. ..Respondents None for the parties. CORAM :- V.C.DAGA & A.A.SAYED,JJ. DATE : 4TH SEPTEMBER, 2009 P.C. 1. None for the petitioner even at second call. The petition appears to have been filed on 21st April, 2009. Since then, the petitioner has not taken any steps to get circulated the matter, at least no material evidence is available on record in this behalf. Dismissal of petition in default would not serve the ends of justice. It invariably results in filing civil application for restoration of the petition, which is normally granted. It creates strain on the Registry. 2. In the above view of the matter, we ourselves went through the petition including annexures and the prayers made. Perusal of page No.20 i.e. Exhibit-”B” dated 21st February, 2009 issued by Talathi, Tq.Kalyan, Dist.Thane, unequivocally, demonstrates that the working of the stone crusher has already been stopped. It is not in operation. Directions were issued not to make it operative again. There appears to be no operative licence in favour of the petitioner to run the stone crusher. It is, thus, clear that the operation of the stone crusher has already been stopped. 3. In the above circumstances, unless the petitioner is armed with appropriate license under the law for the time being in force, the petitioner cannot be allowed to run stone crusher. The petition is, thus, without any substance and is liable to be dismissed. In the result, the same is dismissed in limine with no order as to costs. (A.A.SAYED,J.) (V.C.DAGA,J.)