Kalpana Gajanan Kamble v. The State Of Maharashtra Thru Secretary, Urban Development Dept. And ORS.

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.03.05 11:11:26 +0530 VARSHA VIJAY RAJGURU varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 684 OF 2019 IN WRIT PETITION NO. 1853 OF 2019 Kalpana Gajanan Kamble ... Applicant vs.

The State of Maharashtra through Secretary, Urban Development Department and Ors ... Respondents Mr. Mihir Desai, Senior Advocate, i/b. Jeet Gandhi, for Applicant/Petitioner.

Mr. Mehul Thakkar a/w. Ms. Jayshri Chavan, Shashikant Surana for Respondent No.6.

Mr. Vijay Singh i/b. Desai Legal, for Respondent-SRA. Mrs. M.P. Thakur, AGP for the State.

CORAM : GAURI GODSE, J.

DATED : 29th FEBRUARY, 2024 P.C. :- 1.

Learned counsel for the applicant submits that pursuant to order dated 25th February 2019, passed in Writ Petition No. 1853 of 2019, the applicant was permitted to withdraw the amount deposited in this Court on vacation of the premises. He submits that the possession of the premises is already handed over to respondent Page no. 1 of 3

no.6. There is no dispute that possession is already handed over to respondent no.6. Hence, I do not see any impediment permitting the applicant to withdraw the amount which is already deposited in this Court. Hence, applicant/petitioner is permitted to withdraw the amount in terms of order dated 25th February 2019. 2.

Necessary application/praecipe for withdrawal of the amount as permissible by order dated 25th February 2019, to be filed within two weeks in the registry. Registry is directed to permit the applicant/petitioner to withdraw the amount in terms of order dated 25th February 2019.

3.

Application is accordingly, disposed of.

WRIT PETITION NO. 1853 of 2019 4.

This petition is filed for challenging order dated 10th January 2019, passed by the Grievance Redressal Committee in Petitioner's Appeal No. 1298 of 2018. The order impugned in the appeal was passed by the Competent Authority directing the petitioner to vacate the premises.

5.

Learned Senior Counsel for the petitioner submits that the said order is already complied with, pursuant to the order passed in the present petition. Hence, he submits that nothing survives in the Page no. 2 of 3

petition.

6.

Since, the grievance and controversy in the petition is worked out, no further adjudication is required in the petition. 7.

Writ Petition is disposed of.

(GAURI GODSE, J.) Page no. 3 of 3