IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6065/2002 Bhalchandra Balwant Prabhu & Ors. Petitioners Vs. The Dy.Collector (ENC) & Competent Respondents Authority Kurla II,Mumbai Mr.Abhay Patki i/b Mr.R.D.Mishra advocate for the petitioner Mr.G.S.Bhat ,advocate for respondent no.3,4 to 11 Mr.S.D.Rayarikar A.G.P.for Res.no.1 Coram : V.C.Daga,J. Date : 21st August,2008 P.C. 1] On the motion made by learned counsel for the petitioner he is allowed delete the reference to the Article 226 of the Constitution from the cause title of the petition. Amendment to be carried out forthwith. 2] This petition is directed against order dated 26/2/2002 .The petition was filed on 22.5.2002 . The petition is first time came before this Court on 2.6.2003 i.e.after one year after the date of filing. It was dismissed in default on 30.6.2003 . It was restored on 2/5/2008 after four and half years . This data gives clear indication that the petitioner was grossly negligent in prosecuting this petition . He did not take steps to take it before the Court for appropriate order well within the reasonable time . He allowed it to be dismissed in default and got it 2 restored practically after four and half years . In this view of the matter the petitioner is not entitled to have any discretionary relief in the writ jurisdiction of this Court .It is brought to my notice that during this period of six years the impugned order has operated. The substantial part of the property has already been developed. Third party rights have already been created. 138 tenants have already been accommodated . The lease of the plot, which was in favour of the father of the petitioner, was given in the year 1950 for a period of15 years. It expired in the year 1965 . Thereafter, there is no renewal. After the death of the father of the petitioners, they failed to get the property mutated in their name .Thus taking overall view of the matter no case is made out to entertain this petition. The petition is dismissed in limini. (V.C.Daga,J.)