1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.190 OF 2010 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. M.B.W. Khan, Advocate for petitioner. Mr. V.D. Godbharle, A.G.P. for respondent Nos. 1 to 3. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 10TH FEBRUARY, 2010 We have issued notice in this petition on 18-01-2010. The learned A.G.P. has invited our attention to the order passed by the Commissioner dated 01-02-2010. It is unfortunate that the same Advocate on record advised the petitioner herein to take recourse to two separate proceedings, by way of Writ Petition before this Court (present Writ Petition) and other, by way of Appeal before the Commissioner. Both these proceedings were instituted on the same 2 day i.e. on 04-01-2010 without disclosing that position in either of the proceedings. Moreover, the fact that such proceeding has been filed before the Commissioner was not brought to our notice on 18-01-2010 when the present petition appeared for admission. All these facts were not brought to the notice of the Commissioner before whom, the proceedings were pending. 2. Today, when the matter is called out, Counsel for the petitioner seeks liberty to withdraw this petition. We deprecate the practise adopted by the petitioner on the advise of the Advocate on record. It is unfortunate that such advise has been given by the Advocate on record. Instead of precipitating the matter further against the Advocate on record, we dismiss this petition with direction to the Advocate on record for the petitioner to pay costs quantified at Rs.2000/- (Rs. Two thousand only), to 3 be paid to the High Court Legal Service, Sub Committee, Aurangabad on or before 15-02-2010. Failing which, office shall place this matter for directions on 16-02-2010. Unconditional apology tendered by the Advocate for the petitioner, in our opinion, is only a lip service and cannot be accepted. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/FEB10/wp190.10