FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1479/2007 (Smt. Vidya Ramesh Girde vs. The State of Mah. and others) WITH CIVIL APPLICATON NO. 2677/2008 -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Shri S.S.Voditel, Adv. for petitioner Shri P.C.Madkholkar, Adv. for R-3 to 5 Shri S.Y.Deopujari, AGP for R-1 & 2. CORAM : A.M.KHANWILKAR AND S.R.DONGAONKAR, JJ DATED : 12 th JUNE, 2008. Counsel for the petitioner submits that in view of the subsequent developments, the petitioner intends to withdraw the present petition and to file fresh writ petition challenging the recent order passed by the State Government dated 3rd January, 2008. Counsel for respondent Nos. 3, 4 & 5, however, vehemently opposed the request made on behalf of the petitioner for permission to withdraw the petition with liberty as prayed. According to the said respondents, the petitioner had filed intervention application in the writ petition preferred by the respondents herein, which application was rejected with speaking order. In view of that, the petitioner cannot be granted liberty to file any substantive proceedings before this Court, which would indirectly permit the petitioner to agitate the same issues as were involved in the petition filed by the respondents, in which petitioner's request for intervention has been rejected. We are not impressed by the argument canvassed on behalf of the said respondents. This is so because, during the pendency of the present writ petition, the petitioner along with others filed substantive proceedings before the State Government, which have been finally disposed of by speaking order dated 3rd January, 2008, copy whereof is appended as Annexure-X to the Civil application. From the said order, it is seen that the petitioner was arrayed as applicant no.5 before the State Government. Since the petitioner had taken out the said substantive proceedings, it is impermissible to take the view that the petitioner can be precluded to challenge the order in the said proceedings. In this view of the matter, the objection raised on behalf of the respondents not to grant liberty is overruled. Accordingly, the writ petition is allowed to be withdrawn as prayed with liberty to the Petitioner to file fresh writ petition amongst others, challenging the order passed by the State Government dated 3rd January, 2008, which will be considered on its own merits in accordance with law. It will be open to the above said respondents to question the lucus of the petitioner in pursuing the remedy, which would directly or indirectly prejudice the said respondents. Petition as well as civil application are disposed of in above terms. JUDGE JUDGE Rvjalit