-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3118 OF 2010 IN WRIT PETITION NO.9203 OF 2010 Dinkar Patil ... Applicant vs. Vishwasrao Khune and ors. ...Respondents Mr. Dinesh D. Tiwari for the applicant. Mr. A.V. Anturkar, instructed by Mr. S.S. Deshmukh for respondent No.1. Mr. V.A.Gangal for respondent No.2. Mr. S.R. Nargolkar, Additional Government Pleader, for respondent No.3-State. CORAM: P.B. MAJMUDAR & MRS. MRIDULA BHATKAR , JJ. DATE: DECEMBER 21, 2010. P.C. On 3rd December, 2010, we passed the following order in Writ Petition No. 9203 of 2010. “Grievance of the petitioner is that the representation which is made before the Principal Secretary, Urban Development Department has yet not been decided. Learned A.G.P. Mr. Nargolkar states that such representation will be decided on or before 10th January, 2011 from today and whatever may be the decision shall be communicated to the petitioner. He is making statement after taking instructions from Mr. A.B. Gharat, Deputy Secretary, Urban Development Department, State of Maharashtra, who is present in the Court today. Petition is disposed of accordingly.” 2. This Civil Application has been filed by one Dinkar Patil, Corporator, -2- Nasik Municipal Corporation, on the ground that the present writ petitioner had not pointed out to the Court that another Writ Petition No. 8892 of 2010 is pending before this Court which is in connection with the same enquiry against the petitioner of Writ Petition No. 9203 of 2010. In view thereof, the learned counsel for the applicant states that the order passed by this Court dated 3rd December, 2010 is required to be recalled and that Writ Petition is required to be placed along with Writ Petition No. 8892 of 2010 so that there may not be any inconsistent order in two sets of petitions. 3. The said prayer has been vehemently opposed by Mr. Anturkar, learned counsel for respondent No.1-original writ petitioner. He submits that both the writ petitions are entirely different and the petitioner has all the right to make representation against his suspension order which is in connection with service matter. It is not his case that the enquiry held against the petitioner should be stopped in any manner. He submits that the scope of both the enquiries are totally different. 4. Mr. Gangal, learned counsel appearing for respondent No.2 states that the scope of both the enquiries are entirely different. In our view, since in Writ Petition No. 8892 of 2010 the issue about holding enquiry against the present writ petitioner is also under consideration, at this stage, without expressing any opinion on the issue, we are of the opinion that it is just and -3- proper that the present Writ Petition No. 9203 of 2010 also may be clubbed together with Writ Petition No. 8892 of 2010 so that there may not be any inconsistency in the orders which may be passed in two different writ petitions. Mr. Nargolkar, learned Additional Government Pleader, states that at the time when this Court has passed the order on 3rd December, 2010, he was not aware of the pendency of Writ Petition No. 8892 of 2010, though he had appeared subsequently in the matter. We accept the said statement. 5. Considering the aforesaid aspects and without expressing any opinion as to whether the present writ petitioner is entitled to get any relief which he has prayed for in the writ petition and keeping the point open that the petitioner’s grievance in the writ petition is independent to the issue involved in Writ Petition No. 8892 of 2010, we recall our order dated 3rd December,2010. We once again clarify that we have not adjudicated upon the merits of the matter i.e. Writ Petition No. 9203 of 2010, as the same shall be considered at the time of hearing of the writ petition by the concerned Bench. The Registry is, therefore, directed to place this Writ Petition along with Writ Petition No. 8892 of 2010 before the Court taking such matters. The Civil Application is disposed of subject to what is stated above. P. B. MAJMUDAR, J. MRS. MRIDULA BHATKAR, J.