1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5065 OF 2009 Mohammedwalla Trust and Anr. : Petitioners. Versus The Regional Director, NCTE Bhopal and ors. : Respondents. Mt. C K Thomas i/by M/s. C K Thomas & Associates for the Petitioners. Mr. U P Warunjikar for the NCTE. Mr S R Nargolkar, AGP, for the Respondent No.3. Mrs S V Bharucha for the Respondent No.4. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 4th August 2009 P.C. 1. The learned counsel for the Petitioners states that he may be allowed to withdraw the above Petition since there is already direction to the NCTE to consider the application of the Petitioner for grant of B.Ed. College in Writ Petition No. 6049 of 2005. The learned counsel for the Petitioner also states that the Petitioner desirous to file a contempt Petition and/or execution proceedings as provided under the Appellate Side Rules. Therefore, the above Petition is allowed to be withdrawn. 2 2. At this stage, Mr.Warunjikar the learned counsel for the NCTE and Mr.Nargolkar the learned AGP for the State point out that contempt petition has already been filed by the Petitioner. This shows that the Petitioner was aware of the fact that in view of the direction already issued in the said writ petition, there is contempt petition filed by the Petitioner against the authorities of the NCTE and the above petition is not tenable. This, in our view, is misuse of process of law by the Petitioner and, therefore, even though we have granted leave to withdraw the above Petition to the Petitioner, we impose costs of Rs. 5,000/-. The costs to be deposited with the Maharashtra State Legal Services Authority within a period of two weeks from date. If the Petitioner fails to deposite the costs within the said period, the copy of this Order shall be sent to the Collector, Thane who will recover the said amount as arrears of land revenue from the Petitioner. [R.M.SAVANT, J] [S.B.MHASE, J]