FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 13 OF 2009 (Atul Trimbak Bodke Vs. State of Maharashtra and others) ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Counsel for the respondent No.6 has placed before us a communication dated 9.11.2009, issued under the signature of Labour Commissioner, Maharashtra State, Mumbai, marked “X”. From the contents of the said communication, it appears to us that the relief claimed in prayer clause “B”, which is substantial relief, is worked out. Indeed, the petitioner has asked for further relief of ordering investigation into the illegal permission granted by respondent No.2 in haste. However, since no objection as well as permission has been issued by the appropriate authority, unless the same was challenged, the question of proceeding on the assumption that it was illegal permission does not arise. We suggested to the petitioner's counsel to withdraw the present petition and file a comprehensive fresh petition so as to challenge the communication dated 9.11.2009 as well as ask for further appropriate relief, as may be advised. The petitioner is inclined to adopt that course. Accordingly, this petition is allowed to be withdrawn with liberty to file fresh petition. All questions are left open to be decided on its own merits in the proposed petition. The amount deposited by the petitioner in this petition, shall stand transferred to the account of the proposed petition, if it is filed within four weeks from today. If no fresh petition is filed within four weeks from today, the amount invested in this Court, shall be transferred to the account of High Court Legal Services, Sub Committee, Aurangabad, without further reference to the Court. (S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) Date:19.01.2010. rlj/