Shubhangi Enterprises Through Pro. Shri. Laxmikant Bulbule v. The Pune Municipal Corporation And ORS.

1 3.9013.16 wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 9013 OF 2016 Shubhangi Enterprises through Pro. Shri.

.....Petitioner Laxmikant Bulbule V/s.

The Pune Municipal Corporation and others ....Respondents Mr. Prathamesh Bhargude advocate for the petitioner. Mr. Aabhijit P. Kulkarni for respondent nos. 1 to 4. CORAM : SMT. VASANTI A. NAIK, RIYAZ I. CHAGLA, JJ.

DATE :

NOVEMBER 28, 2017.

P.C.

By this writ petition, the petitioner has sought the implementation of the resolution of the Corporation, dated 18/02/2016. Shri. Kulkarni, the learned counsel for the Corporation states that the casue for filing the writ petition is rendered infructuous, in as much as the said resolution is partly rescinded by the State Government. The learned counsel for the petitioner states that the petitioner wishes to challenge the order passed by the State Government. It is stated that the ism

2 3.9013.16 wp petitioner may be permitted to withdraw the writ petition by keeping the points raised in the petition open.

The writ petition stands disposed of as withdrawn in view of the aforesaid prayer. Since it is the case of the petitioner that though the petitioner had deposited the requisite amount for seeking parking lot in the basement and other floors of the building and the respondent-corporation has not given the possession of the parking lot in the basement and other floors to the petitioner, in the circumstances of the case, we keep the question pertaining to the refund of the amount deposited by the petitioner in terms of our order dated 22/09/2016, open. The petitioner would be free to make an application to the Corporation to seek the recovery of the amount. [RIYAZ I. CHAGLA J.] [SMT. VASANTI A. NAIK, J.] ism