-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO.117 OF 2008 Barakiya Ramji Gimbhal ..Petitioner Vs. State of Maharashtra ..Respondent ... Smt.B.P.Jakhade Advocate for Petitioner Mr.A.R.Patil APP for Respondent ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : FEBRUARY 7, 2008 DATE : FEBRUARY 7, 2008 DATE : FEBRUARY 7, 2008 P.C. P.C. P.C. 1. Heard. 2. The so called Petitioner is not signatory to the petition. It is reported that he is a schizophrenic and not in a position to conduct his own proceedings and therefore, petition cannot be filed on his behalf unless the next friend or a guardian comes forward. It is further to be noted that the Petitioner is in custody of the jail authorities of Union Territory since 1974 and equally under the medical treatment of the Government hospital there -2- under the directions of the Sessions Judge, Dadra & Nagar Haveli, Silvassa and therefore, while the Petitioner is in custody of the jail authorities when there is no guardian or next friend, petition cannot be filed on behalf of Petitioner even by the petitioner. The Maharashtra State Legal Aid Authority is not supposed to deal with this matter as it pertains to the Union Territory. Even we find that the State of Maharashtra which is made Respondent, is not the proper and necessary party in the petition. We see that the petition is not properly constituted and therefore, we refuse to entertain the petition. 3. Petition is disposed of. [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]