1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4708/2010 (DR. ASHA ANIL TIWARI & OTHERS VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Pande, counsel for the petitioners. Shri P.D. Kothari, A.G.P. for the R-1, 2, 3 & 5. Shri S.M. Puranik, counsel for the R-4. Shri P.S. Tidke, counsel for the R-6. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : AUGUST 2 , 2011 . The petitioners prayed that this petition be treated as Public Interest Litigation and further sought a Writ, Order or Direction to the Collector, Nagpur to immediately cancel the FL-III license renewed in favour of the respondent no.6 on 30.03.2010. A direction is also sought against the Nagpur Municipal Corporation to demolish the unauthorized and illegal construction made by the respondent no.6 on Plot No.1, Subhash Nagar, Nagpur. Finally, a direction is sought against the respondent no.5-Commissioner of Police, Nagpur to take appropriate steps to prevent the nuisance caused to the residents of the Subhash Nagar locality because of the establishment of the Bar & Restaurant by the respondent no.6 in the premises in question. It appears that this Court had declined permission to the petitioners to treat the writ petition as a Public Interest Litigation and the writ petition was not registered as such. 2 As regards the other directions, which are sought by this petition, it is brought to the notice of this Court that when the FL-III license was initially granted in favour of the respondent no.6, some of the petitioners had filed Writ Petition No.5096 of 2009 challenging the grant of FL-III license in favour of the respondent no.6. However, the said writ petition bearing Writ Petition No.5096 of 2009 was disposed of by an order dated 26.03.2010. At the relevant time, when Writ Petition No.5096 of 2009 was filed by some of the petitioners, the aforesaid grievances could have been raised but, they were not raised in the said writ petition. Even otherwise, it appears that the Nagpur Municipal Corporation is independently taking action against the respondent no.6 but, the said action is, however, challenged by the respondent in an appeal before the State Government. Since several disputed questions of facts arise for consideration in this writ petition and since the previous writ petition was disposed of by the order dated 26.03.2010, this petition is also liable to be dismissed. Hence, the same is dismissed with no order as to costs. JUDGE JUDGE APTE