Bombay High CourtWP/11511/2013disposed off

Shri. Manikrao Shivaji Kokate v. The State Of Maharashtra, Through Public Works Dept And ORS

2017-03-29Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka2 pages

wp-11511.13.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11511 OF 2013 Shri Manikrao Shivaji Kokate ... Petitioner Vs.

The State of Maharashtra and Ors.

... Respondents None for the Petitioner.

Mr. Manish Pabale, AGP for the Respondent Nos.1, 3 to 7, 9 and 10. CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 29th MARCH, 2017 P.C.

None appears for the petitioner, though the Petition is called out on two occasions. Prayer clause (b) which is the main substantive prayer reads thus :- "(b) By an appropriate writ, order or direction this Hon'ble Court be pleased to direct the Respondent Nos.1, 3, 4 and 10 to take effective steps to demolish the Sinnar Police Station and commence the construction work of Central Administrative Building sanctioned vide Government Resolution dated 29.2.2012."

wp-11511.13.odt There is a reply dated 11th April, 2014 filed by Shri Aliyavar Gafur Inamdar, Assistant Engineer of Public Works Department. In paragraph 3 of the reply he has stated thus :- "3.

I say that the Executive Engineer, Public Works Division Nashik, has demolished the Sinnar Police Station in last week, and has commenced the construction work of Central Administrative Building sanctioned wide G.R. dated 29.09.2012. I state that the Sinnar Police Station is shifted to the old Tahsil office, Sinnar.

In view of the facts stated hereinabove, the Hon'ble Court may pass appropriate order."

We accept the said statement. Thus, after demolition of Sinnar Police Station, the work of construction of Central Administrative Building has been already commenced. In view of this statement, it is not necessary to deal with prayer clause (b). Even prayer clauses (c) and (d) will not survive as the Police Station has been shifted to enable the State to commence construction of the Central Administrative Building. By accepting the aforesaid statement, the Petition is disposed of.

(A.K. MENON, J) (A.S. OKA, J)