Shaikh Munaf Shaikh Yasin Momin And ORS v. The State Of Mah And ANR

{1} 927 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1601 OF 2013 SHAIKH MUNAF SHAIKH YASIN MOMIN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Y. M. Khan AGP for Respondent No.1 : Mrs. M. A. Deshpande. Advocate for Respondent No.2 : Mr. A. M. Karad. CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.

DATE : 7TH JANUARY, 2016.

PER COURT:

1] We have heard Mr. Khan, learned counsel for the petitioner. 2] Mr. Karad, learned counsel for the respondent, on instructions, submits that notice dated 21.4.2012 ( Page 83) was assailed in the petition. Subsequently, the building itself is demolished and tenders are also floated for re-construction.

3] Mr. Khan submits that the respondents be directed to accommodate the present petitioner in the newly constructed complex, as the Corporation has accommodated similarly placed persons in the said complex.

4] In the light of the above, the relief claimed in the petition does not survive. Petitioner would be at liberty to file a representation to the Corporation for accommodation in the newly constructed building, which shall be considered and decided by the Corporation in accordance with law and policy in that regard. With these directions, writ petition is disposed of . No costs.

[A.M. BADAR] [S.V. GANGAPURWALA] JUDGE JUDGE grt/-