1 (WP 168 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.168 OF 2011 Idrisi Mohamed Jamil Mohamed Yusuf and Ors. ....Petitioners Vs. State of Maharashtra and Ors. ....Respondents ----- Mr.R.K. Mendadkar & Mr. K.T. Pawar for Petitioners Ms. P.S. Cardozo-AGP for Respondent Nos.1 and 2 ----- CORAM: V.M. KANADE J. DATED: 10TH JANUARY, 2011 P.C. 1. Mentioned not on Board. 2. Heard the leaned counsel appearing on behalf of the Petitioner. The Petitioner is aggrieved by the order dated 22.12.2010 passed by the Commissioner, Kokan Division, Mumbai. By the said order, the learned Commissioner, Kokan Division, Mumbai was pleased to direct that the application filed by the Respondent -Petitioner herein challenging the maintainability of the 2 (WP 168 of 2011) Reference Petition should also be decided along with the revision in the matter. It is submitted that such a recourse was not open for the learned Commissioner and the learned Commissioner ought to have first decided the question of maintainability. In support of the said submission, the reliance has been placed on a judgment of the Learned Single Judge of this Court. 3. It is not possible to accept the submission made by the learned Counsel for the Petitioner. It is always open for the Competent Authority to decide both the applications regarding maintainability and the main matter simultaneously keeping in view of the provisions of Order 14 Rule 2 of the CPC. The learned Commissioner has also clearly mentioned in the order that the matter is kept for arguments on the next date. So far as the judgment on which the reliance placed by 3 (WP 168 of 2011) the learned counsel for the Petitioner, the Learned Single Judge has merely directed that the issue of maintainability should be considered at an appropriate stage. This direction does not support the submission made by the learned counsel for the Petitioner. Therefore, no case is made out for interfering with the impugned order. Writ petition is dismissed in limini. (V.M. KANADE J.)