Mohammad Saleeem Mohammad Bashir Farooqui v. Municipal Council, Wani Through Its Chief Officer And Another

50-WP-2599-18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.2599 of 2018 Mohammad Saleem Mohd.Bashir Farooqui vs.

Municipal Council, Wani, and anr.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri Dinesh Sharma, Advocate h/f Shri Prasad Dharaskar, Advocate for petitioner. Shri M.I.Dhatrak, Advocate for respondent no.1. Shri J.M.Gandhi, Advocate for respondent no.2 . CORAM :- A.S.CHANDURKAR AND ANIL L. PANSARE, JJ., DATE :- DECEMBER 21, 2022 In this writ petition, the petitioner sought for a direction to be issued against the respondent no.1-Municipal Council, Wani, to take action in accordance with the notice dated 20.12.

2017 in the matter of alleged excess construction undertaken by the respondent no.2. While issuing notice it was observed by this Court that the petitioner would not be permitted to withdraw the writ petition. However, today, it is submitted by the learned counsel for the petitioner that he has sold the property located at Plot No.35 by executing Sale Deed on 29.07.2022.

We find that, in view of this subsequent event, the petitioner now has no title in the suit property and his grievance against the respondent no.2 would not now survive. In these facts, the writ petition is permitted to be withdrawn and it is disposed of as such. No costs. (ANIL L. PANSARE, J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 22.12.2022 14:47