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Bombay High CourtWP/13473/2017disposed offdismissed for default

Paro Motiram Salampure v. The Chief Officer Through Municipal Council Jalna And Others

2020-03-02Hon'Ble Shri Justice V.K. Jadhav2 pages

20-WP-13473-2017.odt -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 WRIT PETITION NO.13473 OF 2017 PARO MOTIRAM SALAMPURE

VERSUS

THE CHIEF OFFICER THROUGH MUNICIPAL COUNCIL JALNA AND OTHERS ...

Advocate for Petitioner : Mrs. A.N. Ansari Advocate for Respondent No.1: Mr. J.J. Patil ...

CORAM : V. K. JADHAV, J.

DATED : 02nd March, 2020 PER COURT :- 1.

Learned counsel for respondent submits affidavitin-reply on behalf of respondent no.1. Same is taken on record. A copy of the same is already given to the learned counsel appearing for the petitioner.

2.

Learned counsel for the respondent submits that in terms of Resolution dated 21.01.2016 i.e. (Sr. No. 28 of Resolution), the Contract in favour of the petitioner subsist till the March end of the year 2019. Learned counsel therefore submits that considering the above said facts, the petition has become infructuous and deserves to be disposed of. 3.

Learned counsel for the petitioner submits that the declaration is sought by way of institution of suit bearing Regular Civil Suit No.90 of 2016 about the status of the

20-WP-13473-2017.odt -2petitioner/plaintiff as a Fishing Contractor on the basis of Resolution passed by respondent no.1 dated 21.01.2016 for a period of 2016-2017, 2017-2018 and 2018-2019 in respect of tank Ghanewadi Talav, situated at Ghanewadi, Taluka & District Jalna. Learned counsel submits that this petition pertains to the temporary injunction order granted by the trial court initially to protect the said status of the petitioner - plaintiff. It appears that the Fishing Contract, on the basis of Resolution No.28 dated 21.01.2016 is for the period of 20162017, 2017-2018 and 2018-2019 for three years of the tank Ghanewadi Talav, situated at Ghanewadi, Taluka and District Jalna. The said period was over on 31.03.2019. In view of the same, there is no question arises about the protection by way of injunction to be extended to the petitioner after March 2019 in respect of Fishing Contract in terms of Sr. No.28 of Resolution dated 21.01.2016.

3.

In view of this, this writ petition has become infructuous and accordingly disposed of.

(V. K. JADHAV, J.) Sam..