1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. 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.: 1132 0F 2008 Smt. Vimalbai W/o Dayaneshwar Khaire and others Versus The State of Maharashtra and others *** 1. We have heard learned counsel Mrs. Kulkarni for the Petitioner and learned A.G.P. Mrs. Kulkarni, for the Petitioner, seeks withdrawal of the writ petition, on instructions. Before passing order, on her submission, we wish to place on record few important and relevant observations, in the interest of the public at large, who is required to use kerosene for cooking food to their families. This writ petition, filed by the four petitioners, sought the following reliefs: "A. Writ petition may kindly be allowed. B. Record and proceedings may kindly be called for. C. The Respondent No.3 and 4 may kindly be directed to act in conformity with the Government Resolution dated 3/11/2007 and not to withdraw the kerosene quota given to the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. fair price shop of the petitioners thereby disturbing the existing position by issue of writ of mandamus or any other appropriate writ, order or directions. D. Pending hearing and final disposal of this writ petition the Respondent no.3 may kindly be restrained from issuing the fresh kerosene licenses to other persons thereby affecting the kerosene quota of the fair price shops of the petitioners. E. Any other appropriate relief this Hon'ble Court thinks fit be granted." 2. This writ petition seems to have been filed on 12th February, 2008. The petition was listed before this Court, for admission hearing, on 13th February, 2008. On that day, this Court heard the counsel Mrs. Kulkarni for the Petitioner, learned A.G.P. Mr. K.B.Chaudhari, who waived notices for Respondents and sought time to file reply. Time was granted. Matter was adjourned to 20th February, 2008. This Court granted interim relief to the effect "As interim relief, we direct the Respondents not to reduce 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the kerosene quota of the petitioners till then, without permission of the Court." Thereafter, this matter was before this Court on 20th February, 2008. We reproduce the order passed on that day, as under: "P.C. 01. Learned Addl. G. P. Shri K. B. Chaudhary states that he has filed replies in three matters from Jalna district and that replies will be filed in all the matters by next date. 02. Hence, stand over to 5.3.2008. Ad-interim relief granted to continue till then. We, however, direct petitioners, who avail said interim relief of not reducing their quota, should produce for perusal of the Court, their kerosene licences on the next date, xerox copies of which to be placed on record. If the licence in the prescribed form is not issued, they should file copy of acknowledgment of security deposit and permission to deal in kerosene before issuance of licence in prescribed form, if the same is not already filed. . Stand over to 5.3.2008." 3. This petition was again before this Court on 1st 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. December, 2009 and following was the order passed: "1. We heard Mr. K.R.Doke, Advocate holding for Mr. A.M.Kulkarni, Advocate for petitioners and learned A.G.P. for respondent Nos.1 to 5. We have perused our earlier order dated 20.2.2008. Counsel appearing for the petitioner seeks two weeks time to comply with paragraph No.2 of this order. We are inclined to grant time, but on condition that if this compliance of the paragraph No.2 of the order dated 20.2.2008 is not done with, within time permitted, interim relief granted earlier shall stand vacated without back reference to the Court. S.O. two weeks at the request of petitioner and on condition that in case order passed by this Court on 20.2.2008 is not complied with within two weeks from today, interim relief granted by this Court shall stand vacated without back reference to the Court." 4. On the background of these orders, today Mrs. Kulkarni, as we have referred to above, on instructions, seeks withdrawal of the writ petition. Importantly, we have noticed that, the petitioner here did not comply the order dated 20th February, 2008 and is enjoying the 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. interim relief. 5. Writ petition stands dismissed as withdrawn, however, there shall be no order as to costs. 6. Needless to mention, the interim relief granted by this court by the order passed on 20th February, 2008 stands vacated. [SHRIHARI P. DAVARE,J.] [S.B.DESHMUKH, J.] Dated:15/12/2009. ans/1132