WP 6367/08 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6367/2008 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri G.J. Kore, Advocate for petitioner. Shri D.R. Kale, AGP for respondent nos.1 to 7. Shri A.S. Doke, Advocate h/f Shri V.D. Salunke, Advocate for respondent nos.11 & 12. Shri S.B. Choudhary, Advocate for respondent no.14. CORAM: D.B. BHOSALE & R.M. BORDE, JJ. Date: 17.02.2011 Heard learned counsel for the parties. By this writ petition, the petitioner is seeking direction to respondent nos.1 to 6 to initiate criminal prosecution against respondent nos.7 to 13 for having misused and siphoned off public money and recover the same from them. Respondent nos.9,11 and 12 have filed reply affidavits stating that the WP 6367/08 2 construction of cultural hall at village Chincholi was stopped by the concerned authorities pursuant to the direction issued by respondent no.7 and respondent no.11- institution was asked to reimburse the expenditure incurred on the construction by the Government. Accordingly, respondent no.11- institution has reimbursed the entire amount i.e. Rs.7,48,293/-. Thereafter, respondent no.11 has completed the construction of cultural hall and handed over possession thereof to the village panchayat on 30.10.2009. They have also executed necessary documents for handing over the hall to the village panchayat and now the village panchayat is in possession of the said hall. These statements made on affidavit have not been controverted by the petitioner by filing rejoinder. Learned counsel for the petitioner, even across the Bar, could not dispute these statements made on affidavit. WP 6367/08 3 In the circumstances, in our opinion, the petition has become infructuous and disposed of as such. (R.M. Borde, J.) (D.B. Bhosale, J.) Dt/- 17.02.2011 ndk/c1721115