1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.362 OF 1999 Mayur Social Krida Mandal, Dhule, A Public Trust registered under the provisions of the Bombay Public Trusts Act as well as registered under the provisions of Societies Regiatration Act, 1860 through its President, Nandlal Taniram Sonaje, Plot No.29-A, Avdhootnagar, Chitod Road, Dhule. ... PETITIONER VERSUS 1. State of Maharashtra Copy to be served on the Public Prosecutor, High Court, Bench at Aurangabad. 2. Superintendent of Police, Dhule District, Dhule. 3. Police Inspector, Local Crime Branch, Dhule. ... RESPONDENTS ----- Shri A.B. Girase, Advocate holding for Shri R.B. Raghuwanshi, Advocate for the petitioner Shri S.D. Kaldate,A.P.P. for respondents ----- 2 CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATED : 4th February, 2010. ORAL JUDGMENT (PER P.V. HARDAS, J.): 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner prays vide prayer clause (C) for issuance of a writ of mandamus prohibiting respondents 2 and 3 from preventing the petitioner and his employees, servants from carrying out their work in the office of the petitioner, situated behind the Head Post Office, Dhule. Vide prayer clause (B), the petitioner prays for issuance of a writ prohibiting the respondents from entering into the office of the petitioner without due process of law. 2. Such of the facts as are necessary for the decision of this petition may briefly be stated thus : The petitioner claims to be a society registered under the Societies Registration Act, 1860 as well as under the provisions of the Bombay Public Trust Act. According to the petitioner, the said society was constituted with the aim and object of promoting indoor games like Caram, Chess, Bridge and Rummy etc. The society is registered also with the aims and 3 objects of promoting the outdoor games like Kabaddi, Kho-Kho, Volley ball, Cricket, Football, Badminton, Table Tennis etc. According to the petitioner, on 11.8.1999, the respondent No.3 had come to the office of the petitioner along with others at about 9.45 p.m. and took search of the premises and seized certain papers and drew some panchanama. It appears that, the raid was carried out by the respondents on the allegations that offences punishable under Sections 4, 5 and 6 of the Bombay Prevention of Gambling Act were being carried out in the premises. It appears that, an offence also came to be registered against the President of the petitioner society. It appears that, the petitioner had earlier filed Regular Civil Suit No.281/1998 in the Court of the Civil Judge, Junior Division, Dhule seeking an order of injunction against the respondents. Ultimately, application at Exhibit 5 came to be dismissed and the appeal preferred by the petitioner challenging the dismissal of the injunction application also came to be dismissed. According to the petitioner, in order to wreck vengeance the respondents have indulged in the aforesaid raid. 3. Mr. A.B. Girase, learned counsel for the petitioner very candidly stated that since last ten years no raid has been effected on the premises of the petitioner. Even otherwise, the reliefs prayed for by the petitioner cannot be granted to the petitioner. The respondents cannot be restrained from performing their statutory duties and exercising the statutory powers vested 4 under the Statute. In case any illegality is committed, the petitioner undoubtedly has a remedy available in law. In that light of the matter, therefore, we do not find any merit in the petition and the petition, therefore, stands dismissed with no order as to costs. Rule stands discharged. [SHRIHARI P. DAVARE, J.] [P.V. HARDAS, J.] fmp/cwp362.99