Harish S/O Mahadeosingh Raval v. The State Of Maharashtra, Thr. Secretary, Urban Development Department, Mumbai And Others

1709wp4134.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4134 OF 2017 (Harish s/o Mahadeosingh Raval vs. The State of Maharashtra thr. its Secretary, Urban Development Department & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & M.G. GIRATKAR, JJ.

SEPTEMBER 17, 2018.

Heard Shri A.S. Mardikar, learned Senior Advocate with Shri D.I. Jain, learned counsel for the petitioner, Shri S.P. Deshpande, learned Additional GP for respondent Nos. 1 & 2 and Shri P.P. Deshmukh, learned counsel for respondent No. 3.

2.

The petitioner - President of Respondent No. 3 - Municipal Council, has approached this Court assailing the communication dated 13.06.2017 by which development work to be done by the Municipal Council through Government subsidy/ grants was being cancelled. 3.

This Court has on 03.07.2017 while issuing notice, directed the parties to maintain status quo. 4.

Shri A.S. Mardikar, learned Senior Advocate for the petitioner has invited our attention to the statement appearing in paragraph 6 of reply affidavit filed by for respondent No. 2 - Collector.

1709wp4134.17 5.

A perusal of paragraph No. 6 on which the learned Additional GP has also placed reliance, reveals that a clarification has been issued on 07.09.2018 by Respondent No. 1 - State Government and as per that communication/ clarification, the Municipal Council - Respondent No. 3 has been permitted to spend the amount disbursed for such purposes in the year 2015-16 till 31.03.2019.

6.

In view of this statement on affidavit and communication dated 07.09.2018 at Annexure R-6, it is apparent that the grievance of the petitioner is already redressed.

7.

Hence, keeping the statement made in reply affidavit as also the communication of the State Government at Annexure - R-6, we dispose of the present writ petition. However, there shall be no order as to costs. JUDGE JUDGE *GS.

by Gopichand Tanwarram Shamdasani Date: 2018.09.17 15:11:15 +0530 Gopichand Tanwarram Shamdasani