1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6802 OF 2002 WRIT PETITION NO.6802 OF 2002 WRIT PETITION NO.6802 OF 2002 Suresh Kisan Kakade ...Petitioner Vs. State of Maharashtra & Ors. ...Respondents ----- Mr.Joshi for Mr. I.R. Kulkarni for Petitioner Mr.R.M.Patne, A.G.P. for Respondent No.1 Mr. A.A.Garge for Respondent No.2 CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 6TH JULY, 2005 DATED: 6TH JULY, 2005 DATED: 6TH JULY, 2005 P.C. P.C. P.C. 1. Heard Mr.Joshi in support of this Petition. Mr.Patne, A.G.P. appears for Respondent No.1 and Mr. Garge appears for Respondent No.2. appears for Respondent No.2. Mr.Garge points out that this Petition is essentially against Respondent No.2 which is private party situated at Amravati. He therefore, submits that the present proceeding is not a correct one and it is misconceived. We accept this submission. Petition is dismissed. We however, clarify that it will be open to the Petitioner to take appropriate steps against Respondent No.2 as may be permissible in law. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)