ssp 1 NMW 365 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.365 OF 2011 IN WRIT PETITION NO.1383 OF 2010 Lillian Pais and Ors. .....Petitioners versus The State of Maharashtra and Ors. ..... Respondents and Desmond Anthony D’Souza ......Intervenor Mr.D.A.D’Souza, applicant in-person present. Ms.P.V.Thorat, for the petitioners. Ms.P.A.Purandare, for the respondent-Corporation. CORAM: P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE: 18 th AUGUST, 2011 P.C. 1. By way of this Notice of Motion, the intervenor-applicant has prayed that at the time of deciding the present writ petition, the original petitioners have suppressed certain facts and therefore, committed perjury. A prayer is also made that this Court should initiate further proceedings in connection with perjury. 2. During the course of hearing, the applicant has fairly submitted that at the time when the matter was heard by the earlier Division Bench, the said aspect was pointed out to the Court, but the Court did not take any cognizance at that time and the writ petition was ssp 2 NMW 365 of 2011 disposed of on other points. In our view, since at the hearing of the writ petition, this Court did not think it proper to adopt perjury proceedings, the present Notice of Motion for the same relief is not maintainable. It was also pointed out that the earlier Notice of Motion for the same relief, was also withdrawn by the applicant-intervenor on 12-07-2011. Reading of the said withdrawal order discloses that no liberty was granted to the applicant-intervenor to agitate this issue again. Still we chose to consider the Motion on its own merits, and on such consideration, in our view, the prayer sought in the Motion cannot be granted. The Notice of Motion is accordingly rejected. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )