Bombay High CourtWP/278/2006disposed offdismissed for default

Baburao Gangaram Gaikwad v. The State Of Mah And ORS

2017-12-08Hon'Ble Shri Justice R. M. Borde,Hon'Ble Smt. Justice Vibha Kankanwadi3 pages

(Order) (1) W.P. No. 00278 of 2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 00278 of 2006 District : Nanded Baburao s/o. Gangaram Gaikwad, Age : 65 years, Occupation : Business & Social Worker, R/o. Dr. Ambedkar Nagar, Nanded.

.. Petitioner.

versus

1. The State of Maharashtra, through the Collector, Nanded, District Nanded.

2. The Commissioner, Nanded Waghala City Municipal Corporation, Nanded.

3. Mathura w/o. Kishan Alabadwar, Age : Major, Occupation : Household, Shivaji Nagar, Nanded.

.. Respondents.

...........

Mr. D.S. Ladda, Advocate, holding for Mr. S.L. Jondhale, Advocate, for the petitioner. Mr. S.B. Yawalkar, Addl. Government Pleader, for respondent no.01.

Mr. M.D. Narwadkar, Advocate, holding for Mr. M.V. Deshpande, Advocate, for respondent no.02. Mr. R.K. Ingole, Advocate, for respondent no.03. ...........

(Order) (2) W.P. No. 00278 of 2006 CORAM : R.M. BORDE & SMT. VIBHA KANKANWADI, JJ.

DATE : 08TH DECEMBER 2017 ORAL ORDER [Per R.M. Borde, J.] :

01.

Mr. D.S. Ladda, learned Counsel holding for Mr. S.L. Jondhale, learned Counsel for the petitioner, informs on instructions, that the writ petitioner is no more.

02.

The petitioner in the petition makes a grievance in respect of encroachment allegedly carried by respondent no.03 on public road. It appears from the record, that during the lifetime of the petitioner, he presented a suit claiming mandatory injunction against the Municipal Corporation, mandating removal of encroachment. The application tendered in the suit claiming interim injunction came to be rejected. So also, the Misc. Civil Appeal challenging the said order has also been dismissed. Ultimately, the suit came to be withdrawn by the deceased petitioner unconditionally.

03.

In view of the dismissal of the suit presented by the deceased petitioner, instant petition raising the grievance, in respect of interlocutory order, need not be entertained in exercise of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

(Order) (3) W.P. No. 00278 of 2006 04.

The writ petition, as such, is not entertained and is disposed of. Rule discharged. There shall be no order as to costs.

( Smt. Vibha Kankanwadi ) ( R.M. Borde ) JUDGE JUDGE ...........

puranik / WP278.06