1 Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7392 of 2008 Umesh Shrikant Shetye & Anr )..PETITIONERS Vs. 1.The Collector, Ratnagiri, Dist.Ratnagiri) & Ors. )..RESPONDENTS Mr. Y.S. Jahagirdar, Senior Counsel with Mr. S.G. Deshmukh with Ms. Sangita S. Bhole for petitioners. Mr. C.J. Sawant, Senior Counsel with Mr. P.D.Dalvi for Respondent No.3. Mr. Niranjan Mogre, for Respondent No.5. Mr. V.A. Sonpal, A.G.P. For Respondent Nos. 1and 2. CORAM : FERDINO I. REBELLO & J.H. BHATIA, JJ. DATED : 18TH JUNE, 2009 P.C. 1. Rule. By consent of the parties heard forthwith. 2 2. By the present petition the petitioners impugn the order dated 14 th October, 2008. The Respondent No.3 had filed an application being Application No.3 of 2008 for disqualification of the petitioners as inspite of the Whip issued they had remained absent. The learned Collector after considering the evidence on record arrived at a Conclusion that the petitioners had incurred disqualification as though the whip was properly served the petitioners remained absent. These are purely findings of fact. Apart from that, the petitioners herein also filed Writ Petition bearing Writ Petition No.7391 of 2008 contending that the Respondent Nos. 3 to 10 therein had suffered disqualification for the reasons set out therein. The said petition filed by the present petitioners has been dismissed. In our opinion, considering the findings of fact and what will be set out in Writ Petition No.7411 of 2008 there is no merit in this petition. Rule discharged. There shall be no order as to costs. (J.H. BHATIA,J.) (FERDINO I. REBELLO,J.)