IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 313 OF 2004 M/S FRANCON'S MARINE ACADEMY,CHICHINIM-GOA. ... Petitioner Versus DIRECTORATE GENERAL OF SHIPPING AND 3 ORS., ... Respondents Mr. Nitin Sardessai, and Mr. D. Shirodkar, Advocates for the petitioner. Mr. C. A. Ferreira, Asst. Solicitor General for the respondents. Coram:- A. P. LAVANDE & SMT. R. P. SONDURBALDOTA, JJ. Date:- 5th October, 2011 P.C.:- Heard Mr. Sardessai, learned Counsel for the Petitioner and Mr. Fereira, learned Asst. Solicitor General for the respondents. 2. By this petition, the Petitioner seeks the following reliefs: " a) Issue a declaration that para 2.1 of the DGS Order No. 1 of 2003 dated 15.01.2003 is illegal, arbitrary and null and void; b) Grant a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction to strike down para 2.1 of the DGS Order No.1 of 2003 dated 15.01.2003; c) Grant a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction to quash and set aside the Order/ Letter dated 16.06.2004; d) Grant a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents herein to permit the Petitioner to conduct pre-sea training classes for Saloon Rating in terms of the approval dated 25.06.2003; e) For mandatory injunction directing the Respondents herein to permit the Petitioner to conduct course of Saloon Training for the candidates admitted in the Petitioner's Academy and continue with the said courses; f) Grant temporary mandatory injunction directing the Respondents to permit the Petitioner to conduct the pre-sea training classes of Saloon Rating in terms of the approval dated 25.06.2003; g) Ad interim ex-parte relief in terms of prayer clause (f) above; h) Such other and further reliefs as this Honourable Court deems fit and proper." 3. The fact leading to filing of the present petition are as under: On 7th February, 1997, the Ministry of Shipping, Government of India, framed guidelines for recognition of training institutes. On 22nd November 2001, the Petitioner applied for permission to conduct pre-sea training for saloon rating. Pursuant to the application filed by the Petitioner, inspection was conducted by Marine Mercantile Department of respondent No.1 and certain deficiencies were noted. Thereafter, fresh guidelines dated 15.1.2003 were issued by the Director General (Shipping), effective from 15th January, 2003. However, in respect of land requirement, the time was extended till 1st July, 2004. Respondent no.1 granted approval to the Petitioner on 25th June, 2003, subject to the condition that the Petitioner should comply with the new guidelines dated 1st July, 2004. On 26th May, 2004, the Petitioner wrote to respondent No.1 protesting against the condition imposed in the approval dated 25th June, 2003. Thereafter, respondent No.1 issued notice dated 16th June, 2004 to the Petitioner which has been challenged by filing the present petition. On 26th July, 2004, an ad interim relief was granted to the Petitioner, which was subsequently confirmed. On 8th July, 2011, this Court passed an order, directing respondent No.1 to pass appropriate order. Pursuant to the said order, the Petitioner appeared before respondent No.1 and on 16th August, 2011, respondent No.1 passed the order. 4. Mr. Sardesai, learned Counsel appearing for the Petitioner submits that in view of the Order dated 16th August, 2011 passed by respondent No.1, leave be granted to the Petitioner to withdraw the present petition, with liberty to file a fresh petition, by keeping all its contentions open. Mr. Ferreira, learned Asst. Solicitor General appearing for the respondents has no objection. 5. Accordingly the writ petition is allowed to be withdrawn, with liberty to the petitioner to avail of appropriate proceedings against the orders impugned in this petition, as well as the order dated 16th August, 2011 passed by respondent No.1. All contentions of the parties are kept open. 6. The petition stands disposed of accordingly. No order as to costs. A. P. LAVANDE, J. SMT. R. P. SONDURBALDOTA, J. ssm.