B.H. Chemburkar Mandai Licensees Association v. Assistant Commissioner (Market) And 2 ORS.

910.wp.2361.2017.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2361 OF 2017 B.H.Chemburkar Mandai Licensees Association

...Petitioner.

vs Assistant Commissioner (Market) & Ors.

...Respondents

.....

Mr. Ajit Tamhane a/w Ashish Ghadge, Ms. Gunjan Tamhane, Rohan Tamhane i/ b Tamhane & Co. for the Petitioner Mr. A.Y.Sakhare Sr. Counsel a/w Rupali Adhate & Yamuna Parekh for the Respondent/M.C.G.M.

Mr. Kunal Bhanage, AGP for the Respondent/State. .....

CORAM : S. J. KATHAWALLA & B. P. COLABAWALLA, JJ.

DATED 10th January , 2020.

P.C. :

The above Writ Petition is filed by the Petitioner B.H.Chemburkar Mandai Licensees Association seeking cancellation of communications addressed by the Municipal Corporation to the said Association dated 8th July, 2016 and 7 th June, 2017. The Municipal Corporation has filed an affidavit dated 9th January, 2020 and has pointed out that this Writ Petition has become infructuous since as per DCPR Rules 2034 Rule 33(21), there is no concept of allowing the Association of Market Vendors to redevelop the Municipal Market and consequently no application to redevelop the Municipal Market by an association of market vendors can be entertained.

Pg 1 of 2

910.wp.2361.2017.doc The learned Advocate appearing for the Petitioner agreed that the Writ Petition has become infructuous and seeks liberty to file representation before the Municipal Corporation. As far as liberty to file a representation before the Municipal Corporation is concerned, no liberty is required since the Petitioner is always at liberty to file a representation, if so advised. The Writ Petition is disposed of as withdrawn. Earlier orders, if any, shall stand vacated forthwith. (B. P. COLABAWALLA, J.) ( S. J. KATHAWALLA, J. ) Pg 2 of 2