- 1 - 722.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.722 OF 2011 Shri Pandurang Babajirao Shinde & ors .. Petitioners vs The Collector, Ratnagiri & ors. Respondents Mr.S.S.Kulkarni for Petitioner Mr.A.S.Gadkari APP for Respondent-State Mr.V.S.Talkute for Respondent no.6 CORAM: P.V.HARDAS & N.D.DESHPANDE, JJ DATE: 18th March,2011 PER COURT 1. This Petition is in essence filed under Article 226 of the Constitution of India for enforcing the order passed by the Civil Judge,Senior Division, Ratnagiri dated 25th February, 2010. The operative part of the order reads thus : The Sub-Divisional Officer and Sub- DivisionalMagistrate,Chiplun, Dist.Ratnagiri - 2 - 722.11 is hereby directed to issue immediate appropriate orders within his powers and jurisdiction to maintain law an order in the  Holi festival to be performed in the villages Nandivase and Swayamdev, Tal Chiplun, Dist.Ratnagiri between 28th February, to 9th March, 2010 as per the agreement arrived at on 14.3.2010 which was witnessed by then Sub-Divisional Officer and Sub-Divisional Magistrate. Issue immediate writ of this order along with zerox copy of the above referred agreement to Sub-Divisional Magistrate for compliance. One copy of the said writ and agreement shall also be sent by fax to the said Officer. Sd (M.S.Mungale) Civil Judge,S.Dn. Ratnagiri. Further order below Exh 6 In view of order below Ex 51 the order dated 25.2.2010 passed above is extended and shall be treated as in force for the Holi festival of the year 2011. - 3 - 722.11 S/d 5.3.2011 (P.P.Jadhav) Jt.Civil Judge,(Sr.Dn) Ratnagiri. 2. It appears that subsequently this order came to be extended and was applicable for the Holi Festival of this year i.e 2011 which came to be passed on 5th March, 2011. 3. We have heard learned counsel for the Petitioner and learned counsel representing the respondent no.6. It appears that respondent no.7 has not been served. Learned APP has referred to certain confidential reports submitted by the police to the learned APP expressing some apprehension in respect of law and order situation which is likely to arise on account of Holi Festival. Learned APP - 4 - 722.11 further states on instructions that the Sub- Divisional Magistrate/Sub-Divisional Officer has not passed any prohibitory orders under section 144 till today. It is also stated by the learned APP on instructions that the police would be providing protection for enforcement of the order of the Civil Court adverted to above. Learned APP further states that pursuant to the powers under section 144 of the Code of Criminal Procedure the Officers would be taking such action in accordance with law in the event of any untoward incident occurring at the place of worship/temple. It is further stated that the authorities would be exercising such powers as the situation so warrants. We accept the aforesaid statement made by the learned APP as an undertaking to the Court. Mr.S.S.Kulkarni, learned counsel for the Petitioner states on instructions that in the light of the statement of the - 5 - 722.11 learned APP reliefs which the Petitioner has prayed for in this Petition stands fully granted to the Petitioner and therefore, the Petitioner do not wish to prosecute this Petition and seek to withdraw the same. 4. We, accordingly dismiss this Petition as withdrawn accepting the statement made by the learned APP as an undertaking to the Court. In the circumstances, there shall be no order as to costs. (N.D.Deshpande,J) (P.V.Hardas,J) - 6 - 722.11