ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6709 OF 2008 PETITION NO.6709 OF 2008 PETITION NO.6709 OF 2008 Bhagwan/Krushna Laxman Prabhu & Ors. ...Petitioners Vs. State of Maharashtra & Ors. ...Respondents. Ms.Pallavi N.Dabholkar i/by Ms.Manjiri S.Parasnis for the Petitioners. Mr.S.D.Rayrikar, AGP for Respondent Nos.1 and 2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 21st November, 2008. : 21st November, 2008. : 21st November, 2008. P.C. P.C. P.C. . The matter was called out in the morning session. At the request, kept in the second session and again request for adjournment is made. 2. This is a Writ Petition filed against the concurrent finding given by the Courts below whereby considering the material available on record, the Court has declined to pass any order in favour of the Appellants- Petitioners. 3. The basic suit is against the order/ notice issued by the Collector. The fact remains that the Petitioners-Appellants who are claiming the relief ( 2 ) pending the suit, want that the Court to interfere to grant injunction in their favour, which in the present facts and circumstances of the case, rightly considered and refused by the Trial Court. There is no prima-facie case made out. There is nothing to justify that the Collector has issued the impugned order in collusion with Defendant No.3. The order, in given case pending the suit, is well within the framework of law and the record. The Petitioners are claiming rights on the canteen, run in the premises of Collectorate, Nasik. Unless rights are determined finally, there is no question of giving premises back only to the Petitioner by unlocking it. I see there is no reason to interfere with this matter. The Petition is dismissed. . No costs. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)