1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 196 OF 2010 Sardar Khan Shah Wali Khan ...Petitioner VERSUS The State of Maharashtra ...Respondent ..... Smt. A.N.Ansari, advocate for the petitioner Shri K.J.Ghute Patil, APP for the respondent ..... CORAM : P.V.HARDAS AND SHRIHARI P.DAVARE, JJ. DATED : 03.03.2010 ORAL ORDER 1 This is a petition, by which the petitioner prays for issuing a writ for granting extension to the order of parole for a period of one month with effect from 3.3.2010. 2 It appears that by an order dated 17.12.2009 parole came to be granted for 30 days and the petitioner was 2 actually released on 2.1.2010. Subsequently, by an order dated 29.1.2010, the period of parole came to be extended by a further period of 30 days. The petitioner submitted applications on 11.2.2010 and 15.2.2010 seeking extension of the period of parole. The reason ascribed by the petitioner for extension of the parole is that his wife has been operated on 6.2.2010 and was advised bed rest for a period of six weeks and consequently since no one was available to look after the welfare of the wife of the petitioner, the petitioner sought the extension. 3 On notice being issued to the respondent, respondent has produced before us a copy of the order dated 3.3.2010 passed by the Divisional Commissioner, Aurangabad. By the afore said order, the Divisional Commissioner has rejected the application of the petitioner seeking extension. In the light of the afore said order, therefore, according to us, unless and until the petitioner raises a challenge to this order, the relief which the petitioner has prayed for in this petition cannot be granted. 4 Accordingly, this writ petition is dismissed summarily with no order as to costs, giving liberty to the 3 petitioner to file appropriate proceedings for challenging the order passed by the Divisional Commissioner, dated 3.3.2010. A copy of this order dated 3.3.2010 has been handed over to Mrs. Ansari, learned counsel for the petitioner. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) dbm/crwp196.10