Bombay High CourtWP/3418/2007dismissedrule discharged

Vidarbha Chamber Of Commerce And Industries Thru. President v. Municipal Corpn. Akola Thru. Commissioner And 2 ORS.

2017-01-16Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

1601wp3418.07.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3418/2007 Vidarbha Chamber of Commerce and Industries, Association, Akola represented by President Shri Ashokkumar Musadilal Gupta ...Versus...

Municipal Corporation, Akola represented by the Commissioner, Akola Municipal Corporation, Akola and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M. Agrawal, Adv. h/f Shri G.B. Lohiya, Adv. for petitioner CORAM : SMT. VASANTI A NAIK AND V.M. DESHPANDE, JJ.

DATE : 16.01.2017 Shri Agrawal, the learned Counsel holding for Shri Lohiya, the learned Counsel for the petitioner states that he does not have any instructions and this Court may pass appropriate orders in the petition.

By this petition, the petitioner seeks a declaration that the contract and work order authorizing the respondent no.3 to collect the supervision fees is illegal and without jurisdiction. On a perusal of the writ petition, we find that the impugned agreement was executed for one year. This Court had not granted any interim relief in favour of the petitioner. It is most likely that the cause for filing the writ petition is rendered infructuous due to passage of time. The agreement was only for a

1601wp3418.07.odt period of one year and in the absence of any interim relief, the same must have been executed. Also, there is a subsequent change in the policies.

In the result, we dismiss the writ petition with no order as to costs. Rule stands discharged.

JUDGE JUDGE Wadkar