1 wp2717.10.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2717 OF 2010 Pundlik Vithal Shelke. ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents Mr.Daulat G. Khamkar for petitioner. Dr. F.R.Shaikh, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 23, 2010. P.C. 1. None appears for the Petitioners when the matter is called out. Dismissed for non-prosecution. 2. Later on, Mr.Khamkar for the Petitioners mentioned the matter requesting to recall the order dismissing the Petition for non-prosecution on the ground that when the matter was called out, he was busy in some other court. 3. For the reason mentioned, order dismissing the Petition for non- prosecution is recalled. Petition is restored to file to its original number and heard forthwith. 2 wp2717.10.sxw 4. By this Petition, direction is sought against the Respondent to transfer the Petitioner to Yerwada Open Prison, Pune from Morshi Open Prison where the Petitioner is presently lodged. It is noticed that the Petitioner has made representation for transfer as back as on 27th January, 2010 but no decision has been taken on the said representation so far. In the circumstances, instead of considering grievance of the Petitioner on merits for the first time before this Court, we direct the Respondent No.2 to decide the application for transfer made by the Petitioner from Morshi Open Prison to Yerwada Open Prison, Pune forthwith, in any case not later than six weeks from the receipt of intimation of this order. All questions are left open. Petition disposed of on the above terms. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)