1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.4530 OF 2009 Subhash Ganpatrao Nimbalkar .. Petitioner Versus State of Maharashtra and others .. Respondents Shri S.G.Nimbalkar (Petitioner-in-person) Shri N.B.Khandare, Government Pleader for respondent-State CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 9th September 2009 PER COURT : 1. This is a petition filed ostensibly in public interest by the petitioner with the prayer of seeking directions to the Collector for holding enquiry and to take decision in accordance with law thereon; also prays for directing the Police Officers to register an offence punishable under Section 409 of the Indian Penal Code and also prays for enquiry to be conducted by the C.I.D. 2. At the outset, the petitioner who appears in person has stated before us that though he has lodged the F.I.R. with the Police, no offence has been registered. We may at this juncture briefly make reference to the judgment of Supreme Court in Aleque Padamsee and others vs. Union of India and 2 others, 2007 (6) SCC 171 wherein the Supreme Court has held that a writ petition seeking a relief of directing the Police to register an offence is not maintainable as the complainant therein has an alternate efficacious remedy of filing a complaint before the concerned Magistrate. In the light of that therefore, a public interest litigation directing the Police to register an offence is not maintainable. In the light of the fact that the petitioner has an alternate efficacious remedy. In respect of the remaining prayer of the petitioner of directing the Collector to hold enquiry, on notice being issued to respondents, respondents 1 and 2 have filed their affidavit-in-reply. At paragraph 7 of the affidavit-in- reply, it is stated that upon representation of the petitioner, the respondents have initiated separate enquiry by Quality Control Wing of Collector office, Latur by order dated 24.7.2009. Further in the said paragraph it is stated that this enquiry would be completed as early as possible and accordingly, the disciplinary action would be initiated against the erring persons. At paragraph 8 it is stated that the authorities have initiated a separate enquiry headed by the Quality Control Wing of the E.G.S. Department of Collector office. 3. In the light of the aforesaid affidavit, according to us, the relief which the petitioner has prayed for in this petition stands fully granted and no further interference is called for. In the light 3 of that this petition is summarily dismissed with no orders as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/4530.09wp