Valmiki/Mehtar Samaj Sevabhavi v. Divisional Commissioner, Nashik And ORS.

29-WP-2811-13+.doc Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2811 OF 2013 WITH CIVIL APPLICATION NO. 1260 OF 2014 IN WRIT PETITION NO. 2811 OF 2013 Valmiki/Mehtar Samaj Sevabhavi Samanvay Samiti

...Petitioner

Versus

Divisional Commissioner Nashik & Ors.

...Respondents

---------- Mr. Avinash Fatangare, i/by Mr. Prashant Jadhav, for the Petitioner.

Mr. N.C. Walimbe, AGP, for the Respondents No. 1, 2 & 5.

Mr. S.S. Patwardhan, for the Respondents No. 3 & 4 ---------- CORAM :

SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.

DATE :

20 November 2017 ORDER :

By this writ petition, the petitioner has sought a direction against the respondent No. 4Malegaon Municipal Corporation not to issue the 1/2

29-WP-2811-13+.doc work orders for the construction of fifteen public toilet blocks in pursuance of the tender notice No. 28/2012-13.

The cause for filing the writ petition must have been rendered infructuous due to passage of time. Though, we had issued notice to the respondents by the order dated 8th April 2013, interim relief was not granted in favour of the petitioner. Since more than four years have lapsed from the date of issuance of the tender and since no interim relief was granted in favour of the petitioner, the public toilet blocks must have been constructed, by now.

In the circumstances of the case, we dismiss the writ petition with no order as to costs.

With the disposal of the writ petition, the civil application stands disposed of.

[RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.] 2/2