IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 73 OF 2009 IN PIL WRIT PETITION . 117 OF 2009 Shri Prakash Naiknavare .. Applicant. (Respondent No.1 in PIL) V/s. 1. Shri Vasant Ganesh Apte & Others .. Respondents. --- Mr. S. A. Sawant for the Applicant. Mr. S.R. Nargolkar, Assistant Govt. Pleader for the State. Mr. M.A. Choudhari for the Original Petitioner. --- CORAM : SWATANTER KUMAR, C.J. & S.C. DHARMADHIKARI, J. DATED : 21ST AUGUST, 2009 P.C. : This Application has been filed by the Respondent No.1 in the PIL Writ Petition on the ground that while the Petitioner has moved a praecipe, an order was passed on 8th July, 2009, notice of which was not given to the present applicant and that they were not present when the said order was passed. The order passed by the Court on 8th July, 2009 substantially changes the character of the order which was passed in the presence of the parties on 2nd July, 2009. The learned counsel appearing for the Petitioner, non- applicant in this application, submits that this is not correct. He has moved representation before the Authorities and in furtherance of the order dated 8th July, 2009 even certain investigation has been carried out by the Commissioner of Bombay Police. Be that as it may, we after hearing the learned counsel appearing for the parties and keeping in view the prayers made in the Writ Petition and in order to dispose of this application, we direct that the order dated 2nd July, 2009 and 8th July, 2009 will not be given effect to. Both the said orders will stand substituted by the following order : i Therefore, we dispose of the Writ Petition with a direction to the Department of Co-operation of the State of Maharashtra to examine the complaint addressed by the Petitioner to the Chief Minster dated 6th of November, 2008 and conduct proper enquiry thereto. ii. If during the course of the enquiry it is found by the said Department that certain misdeeds have been committed which are likely to attract the provisions of the Indian Penal Code, it shall take due help of the Commissioner of Police to whom the complaint dated 28th November, 2008 has been addressed. iii. The matter shall be examined by the Authorities and appropriate orders shall be passed expeditiously. iv. The Writ Petition shall stands disposed of in terms of the said direction. v. The PIL Writ Petition as well as this civil application stand disposed of in the above terms. CHIEF JUSTICE S.C. DHARMADHIKARI, J.