1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 570 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 570 OF 2011 *** 1. Heard Advocate Kulkarni for Petitioner, learned A.G.P. for Respondent Nos.1, 2 and 3. 2. The petitioner society filed a suit for permanent injunction after the fishing rights in percolation tank No.1 at Alni, were allotted to Respondent NO.4 society. The allotment is in pursuant of open invitation dated 8th June, 2010 and for year 2010-11. 3. Both Courts have considered the prayer for temporary injunction and have not restrained Respondent No.4 from exercising their fishing rights at that time. 4. Learned counsel has contended that Government Resolution issued in 2001, in this Respect, has not been properly appreciated. He further states that administrator of Respondent No.4 had waived the rights over said tank because the tank then was included within the area of petitioner society. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 570 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. Learned A.G.P. has supported the impugned order. 6. Perusal of alleged letter of waiver shows that it was at the stage of registration that Administrator of Respondent No.4 society had made some offer to Government to facilitate consideration of their request for registration of society. The registration certificate issued to that society is not placed on record. The Government Resolution is looked into by the trial Court and, therefore, the contention that finding recorded by the trial Court is erroneous and perverse cannot be looked into at this stage by this Court. The period of more than seven months after the above mentioned open invitation has already expired. 7. In this situation, I am not inclined to interfere in the matter, at this stage. 8. With liberty to petitioner to move 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 570 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. appropriate proceedings again, if any cause of action arises, present writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:25/01/2011. ans/570