1 WP 670.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 670 OF 2011 Mobin Khan S/o Yousuf Khan & Ors. .... PETITIONERS VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. N.L.Jadhav,Advocate for the petitioners. Mr. B.V.Wagh, Asstt. Govt. Pleader for State. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 14/02/2011 PER COURT : 1. Heard. 2. The petitioner filed this petition on account of failure of performance of statutory duty by respondents. The petitioner’s contention is that in spite of order passed by Additional Commissioner, Aurangabad Division, Aurangabad in Case No. 2004/CD-1/Appeal/31 dated 1/10/2008, concerned Talathi failed to correct entries in 7/12 record. 2 WP 670.2011 3. Affidavit in reply has been filed by respondent nos. 3 and 4. The deponent contended that petitioner had filed Civil Suit bearing R.C.S. No. 271 of 2010 in the Court of Civil Judge (Sr.Division), Beed for the same purpose. A copy of plaint which was filed on 3/7/2010 is annexed to the reply. We have perused the same. The petitioner had prayed for injunction against defendant nos. 4 and 5 and sought direction against defendants to comply with order passed by Additional Commissioner by deleting name of defendant no. 4 i.e. Ayub Khan Abdul Khan. 4. Learned counsel for petitioner submits that he is not pressing for prayer clause ‘ B ’. But, in the light of facts of the matter, departmental enquiry be ordered against respondent no. 5 i.e. Talathi. 5. In the light of material placed before us and the reply filed, we are not inclined to interfere in the matter. The petitioner has not approached this Court fairly disclosing all the relevant facts. The Writ Petition is dismissed with no order as to costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 670.2011