Hukumchand Kapurchand Raisoni And 18 ORS (Applicant) v. Mumbai Municipal Corporation Gr. Mumbai And 3 ORS.

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 887 OF 2017 WITH NOTICE OF MOTION NO. 218 OF 2017 AND NOTICE OF MOTION NO. 33 OF 2017 IN WRIT PETITION NO. 887 OF 2017 Mr. Hukumchand Kapurchand Raisoni & Ors.

...Petitioners

Versus

Mumbai Municipal Corporation of Greater Mumbai & Ors.

...Respondents

---------- Mr. Mandar V. Sawant, for the Petitioner Nos. 1, 14 and 15. Ms. Pallavi Thakar, for the Respondent - BMC. Mr. U.S. Upadhyay, AGP for the Respondent - State. ---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 16 April 2018 1 / 3

ORDER :

1.

The learned Counsel appearing for the Petitioners No. 1, 14 and 15 states that the said Writ Petitioners do not desire to prosecute the Petition. Therefore, as far as the said Petitioners are concerned, the Petition may be permitted to be withdrawn.

2.

As regards the other Petitioners, the learned Counsel has no instructions, as he represents only the three Petitioners. No other advocate represents the other Petitioners. Accordingly, we dispose of the Petition by passing the following order. (i) As far as the 1st, 14th and 15th Petitioners are concerned, the Petition stands disposed of as withdrawn;

(ii) As regards the rest of the Petitioners, the Writ Petition is dismissed for non prosecution;

2 / 3

(iii) Notwithstanding this order, if the Petitioners are lawfully entitled to the alternate accommodation, they are free to prosecute their claims in that behalf;

(iv) All pending Notices of Motion do not survive and the same are disposed of.

[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 3 / 3